자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On May 31, 2018, the Plaintiff driven a passenger car of B SP site B from the Hanam-si to the front road of Songpa-gu Seoul, Seoul, under the influence of alcohol with a blood alcohol content of 0.157% around 20:40.
At the time, the plaintiff driven the above road along the two-lanes of the three-lanes, and caused the latter part of the damaged vehicle, which was in the atmosphere signal at the front of the road, to the fronter of the plaintiff vehicle.
B. On June 8, 2018, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.
On June 20, 2018, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on July 17, 2018.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings
2. (1) The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff left home using a substitute driving on the day of the instant case and caused a substitute driving driver to drive the Plaintiff’s vehicle inevitably by leaving the Plaintiff’s vehicle on the street; and (iii) the Plaintiff’s driver’s license is required for occupation and family life as it makes it difficult for him to do so.
According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives in the state of drunk drinking (not less than 0.1% of blood alcohol concentration) shall be determined based on the cancellation of the license, but the time when the person drives is determined as an exemplary driver, is an important means to maintain his family's livelihood, is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or is given an official commendation by the chief of a police station or higher by arresting the escape driver.