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 October 6, 2019, at around 23:18, the Plaintiff driven a public parking lot near the public parking lot in Ansan-si, with approximately KRW 500 meters from the road near the public parking lot in Ansan-si to the road in front of Ansan-si located in 815, as the center of the members of Ansan-si, while under the influence of alcohol of about 0.161% from the section of about 500 meters to the road in front of Ansan-si, Ansan-si.
B. On November 1, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 11, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the intent of the Plaintiff’s assertion does not occur; (b) personal and material damage caused by the Plaintiff’s drunk driving; (c) the distance of the vehicle is shorter than 500 meters; (d) the Plaintiff has used a flat acting driving; (c) actively cooperated in the investigation and investigation; (d) the Plaintiff is currently against and again engaging in a drunk driving; and (e) the Plaintiff’s occupation (self-business) the Plaintiff’s driver’s license is necessarily required due to the nature of the Plaintiff’s occupation; and (e) if the driver’s license is revoked, it is difficult for the Plaintiff’s home to maintain the livelihood, the instant disposition should be revoked as it is excessively excessive
B. Whether the relevant legal principle 1-related administrative disposition deviatess from or abused the scope of discretionary authority is objectively examined such as the content and degree of the violation, which is the reason for the disposition, the necessity of the public interest to be achieved by the disposition, the disadvantage suffered by the individual, and all relevant circumstances.