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 February 7, 2020, at around 02:20, the Plaintiff driven a D UAD car under the influence of alcohol concentration of 0.081% in blood on the front of C in Seo-gu, Seo-gu, Gwangju.
B. Accordingly, on February 22, 2020, the Defendant issued a disposition to revoke the Plaintiff’s license for Class 1 large, Class 1 ordinary, class 1 large, class 1 large towing, class 2 large towing, class 2 small driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff driven under the influence of alcohol at 0.081% of the blood that is the base date for revocation of the license.
(c)
The plaintiff appealed and filed an administrative appeal on March 27, 2020, but the Central Administrative Appeals Commission dismissed the plaintiff's administrative appeal on June 9, 2020.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 through 10 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s blood alcohol content at the time of detection of the Plaintiff’s assertion is 0.081% of alcohol content at the time of alcohol measurement. If the Plaintiff used it after being provided with the oral clean system at the time of alcohol measurement, the Plaintiff’s blood alcohol content was measured at a level lower than the cancelled level, and the Plaintiff was driving without any accident for not less than 21 years after obtaining the Plaintiff’s driver’s license, and there was no physical damage due to driving of the instant drinking prior to the instant case. However, even if the Plaintiff suffered physical damage due to the instant drinking, it was treated as a comprehensive insurance, and there was no personal damage, and the traffic accident of the instant case was lost the spirit of the instant case due to low blood transfusion and physical strength degradation. The Plaintiff is engaged in the E-company representative’s performance engineer and delivery work, and if the Plaintiff’s driver’s license is the most supported by two spouse and children, it cannot continue to perform the current work.