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 April 12, 2016, at around 23:35, the Plaintiff driven a cnish-do vehicle about about 10 meters while under the influence of alcohol content of 0.192% on the front side of Gangdong-gu Seoul Metropolitan Government B.
B. On May 12, 2016, the Defendant issued a disposition to revoke the Plaintiff’s Class I driver’s license and Class II driver’s license from June 5, 2016 pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving in the state of alcohol content of not less than 0.1% in the blood alcohol content.
(hereinafter “instant disposition”). C.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on June 17, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering that the Plaintiff’s assertion is against the depth of the driving under the influence of alcohol, the Plaintiff’s movement of a vehicle under the contact that gets off the mobile parking, the driving distance is short, and the Plaintiff’s driver’s license is necessary to support his livelihood and family, the instant disposition was too harsh and abused its discretion.
Furthermore, although the second-class small license is not related to the operation of a vehicle driven by the plaintiff at the time of drinking, the defendant's disposition revoking the second-class small license as well as the first-class ordinary license is illegal.
(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency may revoke the driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) or suspend the validity of the driver's license for a period not exceeding one year in accordance with the standards prescribed by Ordinance of the Ministry of the
1. Article 44(1).