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 April 5, 2017, at around 04:53, the Plaintiff driven a two-wheeled automobile with a blood alcohol concentration of 0.108%, which was under the influence of alcohol, and was used on the front side of the apartment complex.
B. Accordingly, on April 14, 2017, the Defendant rendered a disposition to revoke the driver’s license (class 1, class 2, and class 2) for the Plaintiff (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entry Eul's evidence No. 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a two-wheeled automobile that can only be driven by a person with a Class 2 driver's license that is operated by the plaintiff in a drinking condition, and it cannot be driven with a Class 1 driver's license. Thus, the revocation of the Class 1 driver's license is illegal.
Police officers were exposed to the Plaintiff used on the road at around 03:28 and conducted a survey at around 04:53 and controlled at 0.108%. However, the Plaintiff’s final driving time is much more than the above 03:28, and thus, an administrative disposition based on the above 0.108% is unlawful.
Furthermore, considering that the Plaintiff did not cause personal injury, the distance of movement is less than 40 meters, and there have been no particular traffic offenses, the instant disposition exceeded the scope of discretion or abused discretion.
B. Article 93(1) of the Road Traffic Act as to whether the revocation of the first-class driver's license is illegal or not includes all the scope of driver's license granted by the Commissioner of the Local Police Agency in accordance with the standards prescribed by Ordinance of the Ministry of Public Administration and Security when the person who
The same shall apply to this Article.
A driver's license may be revoked or suspended for a period not exceeding one year.
Article 93 (1) 1 of the Road Traffic Act provides that "The plaintiff drives a motor vehicle, etc. while under the influence of alcohol in violation of Article 44 (1)."