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 22, 199, the Plaintiff acquired a Class 1 ordinary car driving license (B), and was driven by a driver. On November 25, 2014, around 21:55, the Plaintiff was under the influence of alcohol at 0.172% of blood alcohol level (the result of blood collection) on November 25, 2014, and was found to have been driven by approximately 1 km in the direction of drinking driving.
B. Accordingly, on December 29, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Articles 93(1)1 and 44(2) of the Road Traffic Act and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on January 16, 2015, but was dismissed on February 24, 2015.
[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was 17 years of exemplary driving, and the result of the pulmonary measurement was 0.110%, which was much higher than that of the Plaintiff’s result of blood collection measurement, and the Plaintiff’s vocational duty-related parts were loaded and 0.172%, and if the Plaintiff’s driver’s license is revoked, the Plaintiff’s family’s livelihood would be threatened. In light of the following: (a) the Plaintiff’s instant disposition constitutes a case where the Plaintiff’s family’s livelihood is excessively harsh and excessively harsh and thus, the Defendant’s disposition constitutes a case where the Plaintiff’s discretionary power was exceeded or abused.
B. On the one hand, as the number of vehicles rapidly increase and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are complicated, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving.