자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On August 7, 2020, at around 00:29, the Plaintiff driven a D vehicle under the influence of alcohol level of 0.174% at the front of the Cdong-gu Busan Metropolitan City B building C.
B. On August 19, 2020, the Defendant issued a disposition to revoke the Class I ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.174% of blood alcohol level.
C. On August 27, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on September 22, 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. Determination
A. The purport of the Plaintiff’s assertion is that the proxy driver left the vehicle at the place where the vehicle was located because the opinion related to the substitute driver’s and the substitute driver’s license is not consistent, and the Plaintiff only moved about about 100 meters at the place where the substitute driver stopped. The point where the substitute driver stops the vehicle at the latest night due to the frequent traffic of pedestrians and the passage of pedestrians, the vehicle is inevitably moved due to the traffic flow and the high risk of the accident. In light of the fact that the driver’s license is necessary, if the driver’s license is revoked, the maintenance of livelihood and family support are difficult, and the driver’s license is seriously against the drinking driver’s license, the disposition of this case is unlawful by abusing discretion.
B. Determination vehicles are public means of transportation and accordingly, the necessity to strictly observe traffic regulations is greater as traffic conditions are congested by mass issuance of driver's license, and traffic accidents caused by drinking driving are frequent and there are many cases where the results are harsh.