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 June 16, 2017, at around 00:02, the Plaintiff was exposed to the suspicion of driving the DM3 vehicle (hereinafter “instant vehicle”) at the parking lot adjacent to the C building in Suwon-si Station B (hereinafter “instant vehicle”) under the influence of alcohol by 0.141% of the blood alcohol concentration.
B. On August 1, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary and Class I small dogs) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).
C. On October 23, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition, but the Central Administrative Appeals Commission dismissed the said request on December 12, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 9, Eul evidence 1 through 4, Eul evidence 7 through 9, Eul evidence 1, 12, Eul evidence 14, the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion 1) The Plaintiff did not drive the instant vehicle under the influence of alcohol, and the Plaintiff was replaced with the intent to facilitate his/her boarding of the vehicle by waiting for a substitute engineer at the time, so the instant vehicle is merely a moving at low level depending on the slope of the ground. 2) Considering the fact that the Plaintiff did not have any history of punishment for driving under the influence of alcohol after obtaining the driver’s license, and that the Plaintiff’s occupation requires the driver’s license, and if the driver’s license is revoked, it is difficult for the Plaintiff and his/her family members to live, the instant disposition is erroneous in the misapprehension of discretionary authority.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. The lawfulness of the instant disposition is legitimate. 1) In the relevant legal administrative litigation, it is not bound by the facts established in a criminal trial, but is the same factual basis.