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 20, 2019, the Plaintiff: (a) around 16:26, at the front of Gangnam-gu Seoul, driven C’s 80-car driving under the influence of alcohol level of 0.154% on the roads in front of Gangnam-gu Seoul (hereinafter “instant drinking driving”).
B. On July 19, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 20, 2019, but was dismissed on October 1, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 7, the purport of the whole entries and arguments
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff’s assertion actively cooperates in the investigation of drunk driving after the pertinent drunk driving, and the driving distance is only 2 km, the Plaintiff’s operation of a vehicle on duty is essential for its business as a self-employed person who operates a facility manufacturer, experienced economic difficulties, and there are family members to support, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary power.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.
In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it is not effective externally to guarantee citizens or courts, and whether the pertinent disposition is legitimate or not.