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, 2014, at around 00:28, the Plaintiff driven a benz car under the influence of alcohol concentration of 0.107% on the 385-way road as Seocho-gu Seoul, Seocho-gu, Seoul.
B. On November 17, 2014, the Defendant issued a disposition revoking the driver’s license stated in the purport of the claim as of November 25, 2014 (hereinafter “instant disposition”).
C. The Plaintiff underwent the pre-trial procedure.
[Grounds for Recognition] Unsatisfy, Gap 1 to 3, Eul 1 to 9
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful since the instant disposition was excessively harsh and abused discretion, taking into account the following circumstances: (a) the Plaintiff is engaged in driving as a driver of the C Logistics Team as an incorporated association; (b) while helping the needy persons; (c) the Plaintiff supports the aged parents in an economic situation where it is difficult to do so; and (d) the Plaintiff does not take a significant amount of alcohol.
B. In light of the fact that today’s revocation of a driver’s license on the ground of driving under the influence of alcohol is an administrative agency’s discretionary act, and accordingly, a large number of automobiles are the mass means of transportation, the trend of the increase of traffic accidents caused by driving under the influence of alcohol, and the result therefrom, etc., the need for public interest to prevent traffic accidents caused by driving under the influence of alcohol is very great (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 197). Therefore, in revocation of a driver’s license on the ground of driving under the influence of alcohol, the general preventive aspect should be emphasized rather than the disadvantage of the party to whom the revocation would be incurred, unlike the revocation of the ordinary beneficial administrative act of driving under the influence of alcohol.
In light of the following circumstances, the Plaintiff’s blood alcohol content exceeds 0.1%, which is the basis for revoking the driver’s license, and the Plaintiff’s blood alcohol content 0.0.0.0.0.