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 19, 2014, the Plaintiff driven B vehicles while under the influence of alcohol with 0.1% alcohol concentration at around 22:43.
B. Accordingly, on May 23, 2014, the Defendant rendered a disposition to revoke the license for Class 1 ordinary and Class 2 ordinary driving (hereinafter “instant disposition”).
C. The Plaintiff underwent the pre-trial procedure.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 13 (including partial defense number), the purport of the whole pleading
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In light of the Plaintiff’s error in the breath alcohol measuring instrument, the blood alcohol concentration at the time of the Plaintiff’s breathing operation may be reduced to below 0.1%, and the Plaintiff’s blood alcohol concentration at the time when 30 minutes elapsed since the Plaintiff was found at the time when breathing from the time when breathing was completed, the Plaintiff’s blood alcohol concentration at the time of the operation. Since the Plaintiff’s blood alcohol concentration at the time of the operation was measured as 0.10% accurately after measuring 10 minutes or more from the time of the operation, the Plaintiff’s blood alcohol concentration at the time of the operation was measured as 0.1%. Furthermore, the Plaintiff’s blood alcohol content at the time of the operation was measured as 0.1%. Furthermore, the Plaintiff’s blood alcohol concentration at the time of the operation was always necessary for technical development and business operation, and the background leading up to the operation without permission to move the substitute engineer at the time and relatively short distance.
B. In light of the fact that today’s revocation or cancellation of a driver’s license on the ground of one drinking on the market is an administrative agency’s discretionary act, today’s automobile is a mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving, and the result of the increase in traffic accidents caused by drinking driving, etc., the public interest is to prevent traffic accidents caused by drinking driving.