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 January 29, 2016, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.061% of alcohol level.
B. On July 2, 2019, at around 23:15, the Plaintiff, while under the influence of alcohol of 0.03%, driven B K7 automobiles at a level of 0.03%, and driven 200 meters at a level of 200 meters in front of the E elementary school located in D from the roads in the front of the Young-gu, Young-gu, Young-gu C Apartment.
C. On July 23, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses to the Plaintiff on July 23, 2019 (hereinafter “instant disposition”). D.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 29, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the gist of the Plaintiff’s assertion was up to house through a proxy engineer; (b) the distance of the Plaintiff’s drunk driving is relatively short of 200 meters; and (c) blood alcohol level was very low; (d) there was no history of causing traffic accidents for about 30 years since the Plaintiff acquired the Plaintiff’s driver’s license; (c) the Plaintiff has been working in the business team and has been in the business team; (d) the Plaintiff is in need of a driver’s license in light of the characteristics of the business; and (e) the Plaintiff must support the Plaintiff’s family; and (e) the instant disposition is so harsh that the Plaintiff
B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle
As seen earlier, the Plaintiff is driving under the influence of alcohol again under the influence of alcohol driving.