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 October 5, 2019, at around 23:20, the Plaintiff driven C-Motor vehicle while under the influence of alcohol level of 0.063% on the front of Daegu Northern-gu B (hereinafter “instant drinking”).
B. On October 24, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of November 23, 2019 pursuant to Article 93(1)2 of the Road Traffic Act against the Plaintiff on the ground that the Defendant was driving under influence of alcohol more than the second day.
(hereinafter referred to as “instant disposition”). C.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that there is no damage caused by the Plaintiff’s assertion, that the Plaintiff driven only a relatively short distance of 50 meters, that the Plaintiff used and actively cooperated at the time of detection, that the Plaintiff’s operation of a motor vehicle parts supplier is unable to transport and supply the motor vehicle parts, making it difficult for the Plaintiff to maintain his/her livelihood due to the revocation of the original driver’s license, and that the Plaintiff’s family members support and economic difficulties are considerably excessive disadvantages compared to the public interest protected by the instant disposition, and thus, the instant disposition is unlawful by abusing and abusing discretionary power.
B. The proviso of Article 93(1) and Article 93(2) of the Road Traffic Act, and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) provide that when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for suspension of driver's license, the commissioner of the competent district police agency shall revoke the driver's license without fail. Thus, the person who drives under the influence of alcohol more than twice.