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 July 18, 2016, the Plaintiff, while under the influence of alcohol at around 08:02, driven a vehicle of about 2 km in front of such knowledge industry center in front of the 1st century, 0.066% of blood alcohol level.
B. On August 5, 2016, the Defendant issued a disposition to revoke the Plaintiff’s Class I ordinary driver’s license (C) as of August 29, 2016 on the ground that the Plaintiff had a drinking record at least twice with respect to the driving under the preceding paragraph (hereinafter “instant disposition”).
C. On August 24, 2016, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on September 30, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 8 (including each number), 9, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a disposition that deviatess from or abused discretion by taking account of the following: (a) the Plaintiff’s assertion is carrying out logistics delivery services at the Seowon Agricultural Logistics Center; (b) it is essential to drive a motor vehicle with drinking alcohol; (c) it is not a person driving a motor vehicle with drinking alcohol; and (d) the blood alcohol level at the same time is relatively low to 0.066%; and (e) the instant disposition is a disposition that excessively harshs the Plaintiff and abused discretion.
B. According to the proviso of Article 93(1) and Article 93(1)2 of the Road Traffic Act, in a case where the driver's license is to be revoked on two or more occasions while driving under the influence of alcohol again, the driver's license is to be revoked as necessary. Accordingly, the administrative agency has to have the discretion to determine whether to revoke or suspend the driver's license, and to have the driver's license revoked without fail.
Therefore, the plaintiff's assertion that is premised on the discretion related to the disposition of this case is greater.