자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On June 15, 2007, the plaintiff acquired the driver's license (license number : B) for Class II motorcycle.
On August 13, 2014, at least 0.10% of blood alcohol content, the Plaintiff driven CCC125cc Kababa for about 4 km from the front side of the “Hanndog" floor located in the bewing in Ycheon-si, Chuncheon, to the entrance road of the “Gangwon-gu, Switzerland-si,” located in the bewing-si, Chuncheon-si.
On August 18, 2014, the chief of Chuncheon Police Station notified the Plaintiff of the revocation of the driver's license in advance, and received a written statement from the Plaintiff that the Plaintiff did not object to the revocation of the driver's license. On August 21, 2014, the Defendant revoked the driver's license of the second-class motor vehicle (license number: B) as of September 27, 2014 on the ground that the Plaintiff was driving under the blood alcohol concentration of 0.150%.
(hereinafter “instant disposition”). The Defendant dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 3, 2014, but the said claim was dismissed on September 30, 2014.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 4 (including additional numbers), and the plaintiff's assertion of the purport of the whole pleadings, despite the fact that the plaintiff's driving becomes an important means to maintain the livelihood of the plaintiff himself/herself and his/her family, the disposition of this case revoking the plaintiff's driver's license is unlawful.
3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
4. In light of the fact that the revocation of a driver’s license on the ground of drinking, such as drinking driving, etc., is an administrative agency’s discretionary act, today’s mass means of transportation, and accordingly, a large amount of driver’s license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., the need for public interest is very high.