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 May 26, 1992, the Plaintiff acquired a driver’s license (Class 2 ordinary) on April 27, 2007, and acquired a driver’s license (Class 1 ordinary) on November 8, 2018.
B. On January 8, 2020, the Plaintiff, while under the influence of alcohol at 0.124% of blood alcohol level around 19:00, 00, driven a CA car (SM7) at a distance of approximately 200 meters on the front of the B building in Namyang-ju (hereinafter “instant drinking”), and caused damage, such as one light-light driver, by shocking a motor vehicle stopped by the body of the vehicle.
C. On February 5, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On February 18, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.
4. The dismissal was 14.
[Identification Evidence: Evidence No. 1 to 5, Evidence No. 1 to 13]
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s driver’s license was obtained for a long time without a long-term accident, that the driver’s license was used as an exemplary driver, that actively cooperated in the police investigation, and that the driver’s license dealing with a high-air bridge vehicle is absolutely necessary, and all other circumstances, such as economic circumstances, the instant disposition exceeded the scope of discretion or abused discretion.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
(1) A commissioner of a district police agency shall revoke and suspend a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falling under any of the following subparagraphs: