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 3, 2018, the Plaintiff, at around 13:03, driven a Grandn Corpoon owned by the Plaintiff and operated a point of 314 km on the Gyeong-do Highway, which was discovered as a violation of the traffic of the expressway bus exclusive lanes and the multiple-lane exclusive lanes, and received 30 points as well as 30 points.
B. On March 21, 2019, the Plaintiff was under the influence of alcohol 0.095% from blood alcohol level on March 21, 2019, and was under the influence of alcohol leveling 0.095%, and was under the control of driving of 1.5 km from the Suwon-si nuclear power team to D in front of the road located in the same Gu C, and was under the control of 100 points for penalty points.
C. On April 20, 2019, the Defendant issued a disposition to revoke the first-class ordinary driver’s license against the Plaintiff on the ground that the sum of the above given points (130 points) that the Plaintiff received was above 121 points per year, which is the criteria for revocation of driver’s license (hereinafter “instant disposition”). D.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 4, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was driving a motor vehicle once more than 30 years or used a substitute driving on the part of a normal-time without any history of causing any traffic accident, in the case of violation of the bus exclusive lane, five persons near the number of passengers (six persons) who are not in violation of the above bus exclusive route have been on board the motor vehicle; the Plaintiff must support his spouse and three children; and the Plaintiff must pay a large amount of loans; and the Plaintiff is a driver of a short-term bus exclusive route who is working for a construction site, but it is difficult to use public transportation due to any change in the construction site and construction site, and it is impossible to use the vehicle without using the vehicle, taking into account the fact that the instant disposition is too harsh to the Plaintiff and discretionary power.