beta
(영문) 의정부지방법원 2020.10.12 2020구단1191

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On February 17, 1992, the Plaintiff acquired a driver’s license (Class 2 ordinary) and acquired a driver’s license (Class 1 ordinary) on February 17, 2003.

B. On April 10, 2020, the Plaintiff, while under the influence of alcohol at around 02:19:00, driven a vehicle of about 1 km from the front of the B apartment in Namyang-si to the revolving intersection located in 4-19 in the tin-ro, Namyang-si (hereinafter “instant drunk driving”). On April 10, 202, the Plaintiff fell into a river after a shocking more than the front line of the revolving the revolving intersection and falling into a river.

C. On May 7, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On June 3, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission

6.30. The dismissal was made.

[Identification Evidence: Evidence No. 1, 2, Evidence No. 1 to 12]

2. Whether the instant disposition is lawful

A. After the Plaintiff’s assertion, the instant disposition was conducted to purchase tobacco at a nearby convenience store after returning to the Republic of Korea on the one-half week prior to the Plaintiff’s assertion, and was conducted to purchase tobacco at a nearby convenience store. During that process, it led to the fact that voluntary declarations were made and detection was made, and all damages were recovered. In light of the fact that the driver’s license is absolutely necessary due to the nature of his duties and the overall circumstances, such as home-type, etc., the instant disposition was deemed to have exceeded the scope of discretion or abused discretionary power.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License)