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 October 2, 2015, around 02:15, the Plaintiff was under the influence of 0.13% of blood alcohol level on the front side of a gas station located in Gyeyang-gu, Soyang-gu, Yangyang-gu. The Plaintiff was under the influence of driving D passenger cars while under the influence of alcohol level 0.13%.
B. On October 21, 2015, the Defendant issued a disposition to revoke the Plaintiff’s first-class large, first-class, first-class, and second-class ordinary car driving license (E) on November 25, 2015 (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 23, 2015, but the said claim was dismissed on November 20, 2015.
[Reasons for Recognition] Facts without dispute, Gap 4, 17, 18, Eul 1 through 7 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On October 1, 2015, the Plaintiff asserted that: (a) on October 1, 2015, the Plaintiff spawn and drinked with business partners; and (b) on behalf of the driver, the Plaintiff returned to the Plaintiff.
The plaintiff's substitute driver has been driving on his/her own for his/her own, as he/she did not mislead the plaintiff's substitute driver, while driving on the ship in his/her place.
The drinking control was conducted while the driver was temporarily stopped due to the driver's failure to attend the driving.
The plaintiff acquired a first-class large-scale and first-class artr license in order to maintain his/her livelihood and win the future, and the above license is the entire life and the entire property.
The plaintiff works in the Mekn Project Department as a business employee, and is a able employee who is engaged in business by using a daily all-day business vehicle.
From Neman to Neman, community service activities were extremely opened.
In 2009, the mother of the Plaintiff was diagnosed as the U.S. cancer in 2009, and the birth is the third grade of the university.
If one person has a number of driver's licenses, the license is not to be revoked in full, but to the administrative discretion.
In full view of all the circumstances, the instant disposition is in particular class 2.