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(영문) 인천지방법원 2018.05.29 2018구단262
자동차운전면허취소처분취소
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 November 2, 2017, the Plaintiff driven B vehicles while under the influence of alcohol of 0.138% of alcohol level around 23:20.

B. Accordingly, on November 16, 2017, the Defendant issued a revocation disposition of a driver’s license (class 1 large-type, class 1 ordinary) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 8, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff did not cause personal injury due to the Plaintiff’s alleged drunk driving, and the Plaintiff’s act of installing, maintaining, and repairing the Internet is in the position to be dismissed by the company when the driver’s license is revoked, and is faced with difficulties in family support, the instant disposition is beyond the scope of the discretion or abuse of 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 disciplinary administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not shall be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria, but also

Therefore, the disposition can not be said to be legitimate, but the above disposition disposition does not conform with the Constitution or the law itself, or a sanction in accordance with the above disposition disposition has become the ground for the disposition.

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