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 July 9, 2020, at around 05:20, the Plaintiff driven B rocketing car while under the influence of alcohol of 0.081%, and 500 meters from the roads front of the D Station in Pyeongtaek-si C to Pyeongtaek-si E.
B. On July 18, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 15, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the purport of the Plaintiff’s assertion did not cause any personal or material injury due to the Plaintiff’s drunk driving, the Plaintiff’s reflects the fact that the Plaintiff would not drive under the influence of alcohol again, and that the Plaintiff, as a company member, is in a position to retire from work because of the cancellation of the driver’s license because it is difficult for the Plaintiff to commute to and from work due to public transportation in a place outside the company and its residence, and the Plaintiff’s family and individual obligation should be repaid, etc., the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing or abusing the discretion.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all relevant circumstances, etc.