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 June 18, 1999, the Plaintiff acquired a driver’s license (Class I large vehicles) on September 1, 2008, and acquired a driver’s license on September 1, 2008 (Class I large vehicles). On October 27, 2010, the Plaintiff was discovered while driving while under the influence of alcohol with a blood alcohol level of 0.157%, and was entirely revoked the driver’s license on December 28, 2010. On February 7, 2012, the Plaintiff acquired a driver’s license (Class I large vehicles) on June 21, 2018.
B. On April 7, 2020, the Plaintiff, while under the influence of alcohol at around 0.044% of blood alcohol level, driven a car with approximately five meters of CB at the front of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant drinking”).
C. On April 24, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On June 9, 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
7.7. The dismissal was made.
E. On the other hand, the Plaintiff was indicted by the Jung-gu District Court 2020 Godan2516 with respect to the drinking driving of the instant case, and the fine of KRW 10 million was finalized.
[Evidence Evidence: Evidence Nos. 3, 4, 5, 14, and Evidence No. 1 to 11]
2. The judgment of the Plaintiff is unfair to treat the instant disposition as a drinking driver on the ground that: (a) the Plaintiff, at the request of the restaurant operator of the parking place, was forced to drive the instant motor vehicle for the purpose of travelling and parking in the absence of awareness that the Plaintiff would have a drinking condition by making it inevitable to drive the instant motor vehicle for the purpose of drinking at the request of the restaurant operator of the parking place; and (b) the situation and distance as above are short; and (c) considering all circumstances, such as the fact that the driver’s license as a tourist bus driver is absolutely absolutely necessary and the economic situation, the instant disposition is within the scope of discretion.