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 13, 200, the Plaintiff acquired a Class 1 ordinary driver’s license.
B. On October 12, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license as of November 9, 2015 on the ground that the Plaintiff driven D vehicles under the influence of alcohol with a blood alcohol concentration of 0.104% on the front side of Busan Jung-gu, Busan, on September 24, 2015.
C. On November 9, 2015, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission, but was ruled dismissed on December 1, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 to 4 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a business position in the company and thus the driver's license is necessary. When the disposition in this case is maintained, it causes enormous impediment to the livelihood of the plaintiff and his family. When considering various circumstances including the plaintiff's contact with the substitute driver on the day of this case, the plaintiff was driven to move the substitute driver to a place where it is easy to assign a substitute driver because he did not assign a substitute driver, the driving distance is short and does not cause any damage, and the error is seriously against the plaintiff, the disposition in this case is an illegal disposition that deviates from discretion and abused.
B. In light of the increasing number of automobiles today and the increasing number of driver's licenses are issued in large quantities, and the need to strictly observe traffic regulations according to the reduction of traffic conditions is growing, and the frequent traffic accidents caused by driving on a driving on a driving and the need to strictly regulate driving on a driving on a driving on the ground of a driving on a driving on the ground of a driving on a driving on a driving on a motor vehicle is urgent.