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 January 28, 2020, at around 00:44, the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.15% on the front side of the Yeonsu-gu Incheon Metropolitan City tideland, and was discovered to police officers.
B. On February 10, 2020, the Defendant rendered a decision to revoke the first-class ordinary driver’s license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under the influence of alcohol as above.
(hereinafter “instant disposition”). C.
On February 27, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 28, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Considering the Plaintiff’s assertion that the Plaintiff driven a relatively short distance, did not suffer damage, actively cooperated with the police officer’s investigation, the Plaintiff’s occupation requires absolute driver’s license due to the Plaintiff’s occupation, and the Plaintiff’s support for her spouse and her child, the instant disposition was in violation of the law that deviates from and abused discretionary power by excessively harshly treating the Plaintiff.
(b) as shown in the attached Form of the relevant statutes.
C. 1) Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages that an individual may suffer, by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, and the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 2000Du11779, etc.; where the Presidential Decree or Ministerial Ordinance provides the disposition standards, the disposition standards per itself do not conform to the Constitution or laws; or in light of the content and purport of the relevant laws and regulations