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. The Plaintiff driven a motor vehicle under the influence of alcohol level of 0.05% on April 1, 2008.
B. On September 17, 2019, at around 00:05, the Plaintiff, while under the influence of alcohol at 0.047% of alcohol level, driven a B low-speed car from the D main parking lot located in Young-gu, Suwon-si, Suwon-si, to the road front of the starting point of F Association in the Sinsung-si.
C. On October 1, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license to the Plaintiff on October 1, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff was driving again under the influence of drinking alcohol.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 20, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion is relatively short that human and physical damage did not occur due to the Plaintiff’s drinking driving, and the distance of the Plaintiff’s driving is relatively short, and the Plaintiff is expected not to drive under the influence of alcohol again, and the Plaintiff is engaged in the automobile maintenance service business, and the Plaintiff is also engaged in the business of automobile maintenance and delivery of the vehicle at the time of the Plaintiff’s entry into the vehicle without direct maintenance, and in addition, the Plaintiff is in a position to retire from office because the driver’s license is revoked because it is difficult for the Plaintiff to perform his duties, and the Plaintiff is obliged to support his spouse and two children and to repay the principal and interest of the loan. In light of the above, the instant disposition should be revoked because it constitutes an abuse of discretionary power by excessively harsh to the Plaintiff.
B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act shall apply to driving under the influence of alcohol.