자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff acquired a driver’s license (Class II ordinary) on October 20, 1997.
B. On November 6, 2019, the Plaintiff, while under the influence of alcohol at around 01:13, 00.167% (blood appraisal result) of blood alcohol level, driven Cracing cars at a distance of approximately 40km from Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul to the front day of the 6 U.S. 6 U.S. Jinsan Station, to the front day of the Gu Government-si. (hereinafter “instant drunk driving”).
C. On December 6, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On February 14, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission
3. It was dismissed on 17.
[Evidence Evidence: Evidence No. 1 to 5, Evidence No. 1 to 15]
2. Whether the instant disposition is lawful
A. In light of the following: (a) the Plaintiff’s assertion that there was no personal injury or injury caused by the drunk driving of the instant case; (b) the driving of a relatively exemplary vehicle for about twenty-four (24) years after obtaining the driver’s license; (c) the use of a flat acting driving and active cooperation with the police investigation; and (d) the driver’s license is absolutely necessary due to the nature of the service entrusted to the delivery as a company member and the economic difficulties; and
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
(1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall determine by Ordinance of the Ministry of Public Administration and Security: