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 January 10, 2020, the Plaintiff driven B vehicles (on January 10, 2020, 08:40 0.083% of blood alcohol concentration) while under the influence of alcohol.
B. Accordingly, by applying Article 93(1)1 of the Road Traffic Act on January 30, 2020, the Defendant rendered a decision to revoke the driver’s license (class I, class II, class II, class II, and class II motor vehicles) to the Plaintiff.
(hereinafter “instant disposition”). C.
On March 31, 2020, an administrative appeal filed by the Plaintiff against the instant disposition was dismissed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 13 (including branch numbers), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the following: (a) the Plaintiff’s assertion that the distance of movement due to the instant drinking driving is relatively short of 1km; (b) the Plaintiff’s vehicle was on the house or avoided the drinking driving by using the substitute driving; (c) the confession; (d) active cooperation was made with the detection of drinking driving; (d) the occupational driver’s license of an insurance company is absolutely necessary; (e) the maintenance of livelihood, difficulties in supporting family members at the time of the revocation of the driver’s license; and (e) the Plaintiff’s practice of sharing neighbors through blood donation, etc., the instant disposition is much more unfavorable than that of the Plaintiff’s public interest gained therefrom; (e)
B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is growing as the traffic situation is congested by a large volume of driver's license issued accordingly, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, it is more necessary for public interest to prevent traffic accidents caused by drinking driving.