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 November 2, 2019, the Defendant issued a revocation of the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven a vehicle B while under the influence of alcohol of 0.180% of the blood alcohol level on October 11, 2019, at the same time, at the front of the D cafeteria located in the height of the same city, up to approximately 8km on the front of the D Ropo Fire Station located in the same city-dong (hereinafter “instant disposition”).
B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on November 15, 2019, but a ruling dismissing the Plaintiff’s claim was rendered on December 17, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the fact that the Plaintiff’s assertion is not true, the driving without an accident for a long time, the drinking volume was not high, and the business license is essential, the instant disposition constitutes a deviation or abuse of discretion.
B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.
(2) In the instant case, the Plaintiff’s drinking level is 0.180% of blood alcohol level, and the criteria for revocation of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act (the blood alcohol level is 0.08% or more), the inevitable circumstances in which the driver’s license was inevitable do not peep, and the revocation of driver’s license is able to obtain a license again after the lapse of a certain period, and thus, the effect of sanctions is limited.