자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 14, 2020, at around 15:25, the Plaintiff driven a D vehicle under the influence of alcohol level of 0.052% at the front of the C pharmacy located in Seo-gu Daejeon (hereinafter “instant drinking”).
B. On January 23, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol in the instant case even though he had been under the influence of alcohol in the past (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on June 2, 2020.
On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.
[As of September 1, 2001, the purport of the whole pleadings and arguments held by the court below as follows: (a) the blood alcohol level of 0.05% on September 1, 2001 (the blood alcohol level of 0.05%) did not have any dispute; (b) evidence Nos. 2 through 4; and (c) Nos. 1, 2, 4
2. Whether the instant disposition is lawful
A. Considering all circumstances such as the Plaintiff’s assertion that the drinking alcohol level was 0.055%, but the drinking alcohol level was 0.055%, and that almost 19 years passed, the drinking alcohol level of this case is relatively insignificant to 0.052%, the Plaintiff’s need to operate a vehicle with a taxi driver in his livelihood, economic difficulties, and there are family members to support, the instant disposition was excessively harsh to the Plaintiff and abused discretion.
(b) as shown in the attached Form of the relevant statutes;
C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act, in a case where a person discovered due to a drunk driving or a refusal of measurement of drinking again drives a motor vehicle and thus falls under the grounds for the suspension of a driver’s license, the commissioner of a district police agency has to inevitably revoke the driver’s license. Thus, the instant disposition