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 16, 2019, at around 23:30, the Plaintiff driven C low-speed car volume with a blood alcohol concentration of 0.101% on the front side of Seoul Central-gu B (hereinafter “instant drinking”).
B. On August 9, 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 19, 2019, but was dismissed on September 24, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul No. 4, 5, and 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in the investigation of drunk driving after the pertinent drunk driving, and that there was no personal injury, the Plaintiff considered the need to operate a motor vehicle on duty as an employee engaged in the business of transporting materials, etc. at the construction site, having economic difficulties, and having family members to support. The instant disposition exceeded the scope of discretion or abused 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.