자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On February 21, 2013, the Plaintiff acquired a driver’s license (class I ordinary license). On October 18, 2015, the Plaintiff obtained a driver’s license (class II license) on December 8, 2015, due to the cause of an accident that causes physical damage while driving under the influence of alcohol with 0.112% of the blood alcohol level, and due to the cause of an accident that causes physical damage while driving under the influence of alcohol level 0.154% on November 9, 2015. < Amended by Act No. 13588, Aug. 10, 2016; Act No. 14948, Jan. 25, 2017>
B. On October 16, 2019, the Plaintiff, while under the influence of alcohol at 03:20% of alcohol level, 0.097%, was driving B Oral Ba at a distance of about 1 km from the roads near the original city located at 790-hon, Goyang-si, the area of which is 602-11 of the Sungsi-dong 602-11, to the front intersection of the Triri-dong (hereinafter “instant drunk driving”). On the contrary hand, the Plaintiff straighted a taxi in violation of the signal and sprinked to turn to the left at the opposite part.
C. On November 7, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on November 21, 2019, but was dismissed on January 7, 2020.
(11) . (Identification Evidence: Evidence No. 1 to 4, and evidence No. 1 to No. 12)
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and actively cooperated with the police investigation, and that the driver’s license is absolutely necessary by engaging in the delivery agency business and considering all circumstances, such as the need for supporting family, the instant disposition was an abuse of discretion or discretion.
(b) Article 44 of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) (1) shall apply to any motor vehicle, etc. under the influence of alcohol (excluding construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management