자동차운전면허정지처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The Defendant’s act on November 17, 2015 to the Plaintiff.
1. Details of the disposition;
A. On November 7, 2015, the Plaintiff: (a) driven a D QM3 vehicle at QM3 vehicle around 03:0 and caused an accident that shocked the central separation zone while driving the front road in front of the Daejeon-si, B from Daejeon-si to Seosan-si (hereinafter “instant accident”).
B. At around 04:20 on the same day, the Plaintiff’s blood alcohol content was measured at 0.046% as a result of a drinking measurement using a drinking measuring instrument conducted in an emergency room of the E Hospital.
C. The Defendant stated that “the Plaintiff’s final drinking time is 01:00, and the blood alcohol content was 0.046% at around 04:20, and since an accident occurred after the lapse of 90 minutes from the final drinking, the blood alcohol content was 0.046%, the Defendant issued a disposition on November 17, 2015 to suspend the Plaintiff’s driver’s license (F) for 10 days from 0.08% to 0.03%, which is the most favorable for the Plaintiff, based on the investigation report (Evidence 8) to the effect that “the Plaintiff’s blood alcohol content was 0.08% from the hour blood content was 0.08%, which is the most favorable for the Plaintiff.” As such, the Defendant issued a disposition on November 17, 2015 to the Plaintiff’s driver’s license (F) for 10.10 days from the date of the accident (hereinafter “10.16% from the date of the accident”).
The Defendant notified the Plaintiff of the instant disposition on February 5, 2016, and the Plaintiff appealed on March 28, 2016 and filed an administrative appeal. However, the Central Administrative Appeals Commission dismissed the said claim on May 10, 2016 for the following reasons.
In principle, the head of a local police station may suspend the driver's license where the person who has obtained the driver's license has given penalty points of not less than 40 points, and in principle, it shall calculate and execute one point as one day, and the driver's penalty points when driving beyond the standards of under the influence of alcohol (not less than 0.05% but less than 0.1%) are 100 points, and the penalty points of violation of the duty of safe driving are 10
The above facts of recognition.