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 September 1, 2005, the Plaintiff acquired a Class 1 driver’s license. On February 6, 2017, at around 21:25, the Plaintiff driven a car while under the influence of alcohol with a blood alcohol concentration of 0.074%, and controlled it on the front road of the Incheon Yeonsu-gu C cafeteria.
B. On August 24, 2004, the Defendant issued the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on March 3, 2017, on the ground that the Plaintiff, while driving under the influence of alcohol of 0.130% and 0.05% of blood alcohol of 0.05% on April 22, 2006, was in violation of Article 44(1) of the Road Traffic Act twice or more.
C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on May 16, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12 (including branch numbers), the purport of the whole pleadings
2. The legality of the instant disposition
A. The plaintiff alleged that the plaintiff operated a corporation that supplies duty-free oil to the ocean line of the port from Incheon to Gunsan and operated a corporation that supplies duty-free oil, the driver's license is essential, because he drinks a small amount of alcohol, so he was considered to be fine only to that extent, and the plaintiff supports three wife and children, the plaintiff is supporting the company due to the recent market depression, and the amount of debt increased due to the difficult operation of the company, and the depth is against the situation. The plaintiff was anticipated to be subject to the disposition of driver's license suspension until the police investigation was conducted on February 12, 2017 after the drinking Control Act, and it is anticipated that the disposition of driver's license suspension is also expected, and the revocation of the driver's license by applying the Jindo system is against the principle of clarity or the principle of excessive prohibition.