자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 21, 1992, the Plaintiff acquired a Class 1 ordinary driver’s license.
B. On July 22, 2015, the Defendant issued a revocation disposition on the Plaintiff, and on July 15, 2015, on the ground that the Plaintiff driven a B low-priced car at the street in front of the ozone distance in the king-Eup, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, with a blood alcohol concentration of 0.11% under the influence of alcohol (hereinafter “instant disposition”).
C. Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on August 18, 2015, but the said claim was dismissed on October 13, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is concurrently engaged in the cultivation of ginseng as a main business, while the Plaintiff’s general farmer is making it difficult to maintain his/her family’s livelihood because the revocation of his/her driver’s license would make it difficult for his/her family to do so, and the Plaintiff did not drive his/her family once except the instant case for a period exceeding 20 years after obtaining the driver’s license. In light of the above, the instant disposition is unlawful as it is too harsh and excessively abused
(b) as shown in the attached Form of the relevant statutes;
C. In light of the fact that the revocation of a driver's license on the ground of drinking, such as drinking driving, etc. is an administrative agency's discretionary act, today's mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving and the result thereof are often involved, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large. Therefore, the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be prevented, unlike the revocation of the ordinary beneficial administrative act, rather than the disadvantage of the party who will suffer from the revocation.