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 August 8, 2018, at around 00:15, the Plaintiff driven D motor vehicles from the Hanyang-dong-gu B adjacent Non-Road in the same city to the front road in the same city Seosan-gu, U.S. under the influence of alcohol by 0.145%.
B. Accordingly, on the date stated in the purport of the claim, the Defendant issued a disposition to revoke the driver’s license (class 1 large, class 1 large, class 1 large, class 2 large, class 2 large, and class 2 large) against the Plaintiff (hereinafter “instant disposition”).
The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion that there was no personal and material damage due to the Plaintiff’s instant driving, the inevitable driving of the Plaintiff’s occupation, the circumstances leading to the Plaintiff’s drunk driving, the Plaintiff’s violation of the influence of alcohol, family support and economic difficulties, etc., the instant disposition was unlawful since it abused and abused discretion.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion in light of social norms ought to be determined by objectively examining the substance of the offense, which is the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all the circumstances complying therewith, etc., by comparing and balancing the degree of infringement of public interest and the disadvantages to be inflicted on an individual (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If a disposition standard is prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standard per se does not conform with the Constitution or Act, or is considerably unfair in light of the content and purport of the relevant laws and regulations, barring any reasonable ground for recognizing that the punitive administrative disposition in accordance with the above disposition standard is unreasonable.