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(영문) 서울행정법원 2014.06.27 2014구단3993

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 10, 2014, at around 04:50, the Plaintiff was found to have been driving a police officer for drinking alcohol while driving BM5 private taxi on the front of the Haannam Elementary School located in the Haan-dong located in the Bluan-dong in light of the influence of alcohol level of 0.137%.

B. On February 24, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary vehicle driver’s license (license number: C) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff driven under the influence of alcohol as above.

(hereinafter “instant disposition”). C.

Accordingly, the plaintiff filed an administrative appeal on March 6, 2014, but the Central Administrative Appeals Commission dismissed the appeal on May 13, 2014.

[Ground of recognition] Evidence Nos. 1, 6, 13

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff's argument that the plaintiff met and returned to the prison as of the day immediately preceding the case, and sing in a singing room. The plaintiff singing the drinking in the singing room was the same as the drinking in the singing room, and sing in the singing room was the same as singinging in the singing room, and the distance between the singing room and the home was short. The plaintiff's actual driving distance is short. The plaintiff's living is expected to block the family's livelihood as his own taxi driver's living is expected to be revoked if his driver's license is revoked, and it is difficult for the third grade physically disabled who is registered as a basic recipient of daily life, and there is a possibility that the level of blood alcohol concentration was actually higher than that of his blood alcohol concentration as of the drafting at the time of drinking test, and the plaintiff's disposition of this case was unlawful since it did not deviate from the scope of his driver's license in 1969 and did not have any excessive discretion since its acquisition.

(b) judgment;