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 June 14, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of July 3, 2016 on the ground that the Plaintiff driven B vehicles while under the influence of alcohol level of 0.168% on the road located on the 8-ro, Daegu Northern-ro, Daegu, on May 22, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on September 30, 2016.
【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1 and 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion that the Plaintiff is preparing for employment as a university student, the cancellation of the driver’s license becomes difficult to find employment, and the family form is difficult, etc., the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.
Today, there is a growing need to strictly observe traffic regulations due to the rapid increase of motor vehicles, the large number of driver's licenses are issued, so traffic conditions are complicated, and in particular, traffic accidents due to drinking driving are frequently frequently and the results are harsh, so there is a great need for public interest to prevent traffic accidents due to drinking driving.
At the time of the instant crackdown.