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 8, 2015, at around 22:06, the Plaintiff, while driving a B-Adi vehicle with a blood alcohol content of 0.069%, was found to be a central crime, while driving the front road of Gangnam-gu Seoul Metropolitan Government as a B-Adi vehicle volume.
B. On December 29, 2015, the Defendant issued the instant disposition to the Plaintiff as of January 24, 2016, on the ground that the driver’s license (Class II common) was revoked as of January 24, 2016, on the ground that the driver’s license exceeds 121 points for one year, with the median points as to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is that a driver’s license is required for the performance of duties because there are many cases where the Plaintiff directly drives and delivers a plastic product sales business, and the Plaintiff is maternity and live together with her mother. In the event that the Plaintiff is unable to drive her, her mother has difficulty in treating her mother’s pain, her own notification was made at the time she was found to have no record of driving under the influence of alcohol, her blood alcohol concentration is 0.069%, and her driver’s license is revoked due to two penalty points that were received on the same day, and thus, the instant disposition is unlawful by abusing and abusing discretion.
B. According to Article 93(2) of the Road Traffic Act, the commissioner of a district police agency may give penalty points to a person who has violated traffic regulations, as prescribed by Ordinance of the Ministry of the Interior, and when the penalty points exceed a certain point, he/she may revoke or suspend a driver's license. According to Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, the penalty points due to the violation of the Act are 100 points when driving under the influence of alcohol (not less than 0.05% and less than 0.1% of blood alcohol level), 30 points when he/she dump