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(영문) 부산지방법원 2017.12.13 2017구단736
운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 17, 2017, at around 06:10, the Plaintiff is driving B car volume in the state of 0.139% alcohol concentration on the front of the Yellow Mountain Tunnels, which is located in the Southern-gu Busan Metropolitan City.

On July 13, 2017, the Defendant issued a disposition to revoke the Plaintiff’s license for driving motor vehicles, which are Class 1 large, Class 1 large, Class 1 large, and Class 1 large, (hereinafter “instant disposition”).

B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s request on September 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's argument that the first-class special driver's license is available for driving with the first-class special driver's license, but it is not possible to drive with the first-class ordinary driver's license or the first-class large driver's license, and it is unreasonable for the plaintiff to cancel all the first-class driver's license for the first-class large, first-class, and first-class large-class driver's license for driving with the second-class ordinary driver's license. The plaintiff's business is engaged in driving with the first-class large, first-class, and first-class large-class driver's license for driving with the second-class driver's license

The instant disposition is illegal as it deviates from and abused discretionary authority, in light of the fact that it has no intention to drive under the influence of alcohol and that it is difficult to provide home-type services.

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. In this case, the criteria for the punitive administrative disposition shall be

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