자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On April 18, 2016, the Plaintiff acquired a driver’s license (Class II ordinary).
B. On December 19, 2019, at around 23:32, the Plaintiff driven a motor vehicle with approximately 8 km from the front of C elementary school in Sacheon-si B to the front of D apartment at the D apartment (hereinafter “instant drunk driving”). At around 0.185% of the blood appraisal result collected at around 00:01 on the following day (hereinafter “the blood appraisal result,” 0.109% of the 0.109% measured at around 23:42”), while under the influence of alcohol.
C. On January 10, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On January 23, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.
2.21. The dismissal was made.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 15]
2. Whether the instant disposition is lawful
A. The Plaintiff’s final drinking time was around 22:40, and the blood appraisal result was excessive compared to the pulmonary test, and thus, the instant disposition is unlawful, since it is difficult to understand that the blood appraisal result was excessive.
Even if it is determined otherwise, the instant disposition exceeded the scope of discretion or abused discretion when considering all circumstances, such as the Plaintiff’s residential area and workplace (elementary school teachers) and the need for the driver’s license and economic situation.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall grant student licenses.