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 December 13, 2019, at around 20:45, the Plaintiff driven a DNA Poter vehicle with a blood alcohol concentration of 0.062% on the roads of Busan District captain B and C elementary school. < Amended by Act No. 19062, Dec. 13, 2019>
(hereinafter referred to as “dacting driving of this case”). B.
The plaintiff was found to have been driving on October 11, 2008 at 02:28 blood alcohol concentration of 0.15%.
C. On January 7, 2020, the Defendant issued a disposition revoking Class 1 and Class 2 driver's license pursuant to Article 93 (1) 2 of the Road Traffic Act on the ground that the Plaintiff is a person driving under the second or higher influence of alcohol due to the instant drunk driving (hereinafter "the instant disposition").
On January 22, 2020, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on March 3, 2020.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 6 evidence, Eul's 1 through 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s movement distance is limited to 200 meters, and there was no damage due to the drinking driving of the instant case, and actively cooperate in the investigation at the time of detection.
Since the plaintiff is engaged in the business of installing the Litch-based market, the driver's license must be required for the transportation of materials and products, and the burden of considerable debts may cause a big trouble to the livelihood.
The plaintiff has lived in an exemplary and different life.
Considering these circumstances, given that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large, the instant disposition was deviates from and abused discretion.
(b) as shown in the attached Form of the relevant statutes.
C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for the suspension of the driver’s license.