자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. Around 20:40 on March 24, 2016, the Plaintiff, holding a Class 2 ordinary driving license, was driving a D car on the front road located in Mapopopo City B while under the influence of alcohol level of 0.161%, and was driving it on the front road located in Mapopo City B, while driving it at the above place, he saw the E car which was in the atmosphere of signal at the front.
B. On April 8, 2016, the Defendant issued a disposition revoking the Plaintiff’s Class II ordinary driving license on the ground of the above drinking driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal, but the claim was dismissed on May 17, 2016.
[Ground of recognition] without any dispute, Gap evidence 1, Eul evidence 8, Eul evidence 10, Eul evidence 12, Eul evidence 13, the purport of whole pleadings
2. Whether the instant disposition is lawful
A. In full view of the following facts: (a) the Plaintiff did not drive alcohol other than the instant case after obtaining the Plaintiff’s alleged driver’s license; (b) the Plaintiff was awarded an order of military merit with the Vietnam War, and was awarded an order of military merit with class IV wounded and wounded in action; and (c) the Plaintiff was a Grade IV disabled person and wounded in action; and (d) there was no driver’s license to engage in the delivery business with his wife, and there was no substantial hindrance to the livelihood of his wife; and (c) the instant disposition is more unfavorable than the public interest that may result from the instant disposition, and thus, the instant disposition was deviates from and abused discretion.
(b) as shown in the attached Form of the relevant statutes;
C. (1) The need to strictly observe traffic regulations is increasing as the number of vehicles rapidly increase today and the number of driver’s licenses are issued on the grounds of traffic congestion. In particular, traffic accidents caused by drunk driving are frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, revocation of driver’s licenses on the grounds of drunk driving is required.