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 August 15, 2018, at around 01:54, the Plaintiff driven a horse set at C with blood alcohol level of 0.10% on the front of Gwanak-gu, Seoul Special Metropolitan City, and controlled the police officer. On August 24, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the foregoing drunk driving (hereinafter “the first-class disposition”).
B. On September 17, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the preceding disposition. On October 17, 2018, the Central Administrative Appeals Commission rendered a ruling to change the preceding disposition to the suspension of a driver’s license (class 1 common) for 110 days to the purport that the preceding disposition was an abuse of discretion.
C. Around 00:04 on January 30, 2019, the Plaintiff was under the control of violation of signal or instruction while driving a car at the horse of C. C. D.
In accordance with Article 93(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), the Defendant imposed 110 points to the Plaintiff on the ground that the Plaintiff violated the duty of prohibition on driving under the foregoing reason for suspension of driver’s license, and imposed 15 points to the Plaintiff on January 30, 2019, adding 125 points to the Plaintiff’s points for violation of signal or instruction (i.e., 110 points). The Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on March 7, 2019 on the ground that the Plaintiff’s point for revocation of driver’s license was at least 121 points per year.
E. On March 18, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on April 30, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 4 through 6 (including Serial number), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion.