자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On April 10, 2020, at around 06:50, the Plaintiff driven a D vehicle under the influence of alcohol level of 0.141% at the front side of the Geum-gu, Busan Metropolitan Government B apartment C, with a blood alcohol level of 0.141%.
B. On May 6, 2020, the Defendant issued a disposition to revoke the Class II ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol level 0.141%.
C. On June 1, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on July 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the Plaintiff’s assertion was moved to approximately 100 meters from the main state of the Plaintiff’s assertion; (b) the ordinary place of the traffic is used as an agent; (c) the traffic flow was obstructed or the traffic accident was not caused; (d) the driver’s license is required as an employee belonging to the contact group of automobile parts companies; (e) the maintenance of livelihood and family support was difficult when the driver’s license is revoked; (e) the Plaintiff’s activities such as blood donation were contributed to the society; and (e) the driving of drinking is seriously against the driving of drinking; and (e) the instant disposition is unlawful by abusing discretion.
B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested on the day, and the traffic accidents caused by drinking driving are frequent and there are many cases where the consequences of the traffic accidents are harsh, so it is necessary to strictly regulate drinking driving to protect the majority of good drivers and pedestrians, it is necessary to protect the traffic accidents caused by drinking driving.