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 October 29, 2019, at around 20:10, the Plaintiff driven Cran XG vehicles under the influence of alcohol concentration of 0.093% on the front of the building B in front of the Gandong-gun (hereinafter “instant drinking”).
B. On November 13, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1, class 1, class 2, class 2) as of December 14, 2019 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.
(hereinafter referred to as “instant disposition”). C.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence, Eul evidence 1, 2, 3, 7 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was made from 19:00 to 20:20, and was made to measure alcohol due to the control of alcohol immediately. Since the plaintiff's alcohol level after about 90 minutes after drinking alcohol and about 90 minutes after drinking alcohol level reaches the maximum level, the distance of drinking driving is short, the plaintiff's driver's license is absolutely necessary for maintaining livelihood, and it is difficult for the plaintiff to take the family form of the plaintiff, considering the following factors: (a) since the plaintiff's assertion was remarkably excessive disadvantage compared to the public interest protected by the disposition of this case, the disposition of this case is unlawful by abusing and abusing discretionary authority.
B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by drinking driving and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by drinking driving should be more emphasized. The revocation of a driver's license is the general beneficial administrative act.