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 September 19, 2014, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “the Plaintiff, while under the influence of alcohol on August 16, 2014, at around 0.235% of blood alcohol content, driven a vehicle in B Sti-type on the front side of D located in C in C at the Namyangju City, driving a vehicle in approximately two kilometers of E on the street (hereinafter “instant disposition”).
B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 25, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, whole purport of oral argument
2. Whether the disposition is lawful;
A. The plaintiff's assertion has been driving on a model without drinking alcohol for 12 years, and is supported by two wife and children while maintaining their livelihood as a wooden tree. Thus, although the driver's license of this case is essential, the defendant's disposition of this case is a deviation or abuse of discretion.
B. In the modern society where a motor vehicle becomes a public and universal means of transportation, the increase of traffic accidents and the harm and injury caused by drinking driving should be regulated, and the necessity of public interest should be emphasized. Thus, the revocation of a driving license on the ground of drinking driving should be emphasized more than the disadvantage of the party subject to revocation, unlike the revocation of a general beneficial administrative act (see, e.g., Supreme Court Decision 2007Du17021, Dec. 27, 2007). Thus, the general preventive aspect for establishing traffic order and social safety should be more considered than the disadvantage of the plaintiff subject to the disposition in this case.
Although the plaintiff's driver's license is necessary individually due to his/her family's responsibility for living and living by driving, each of the above evidence.