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 December 17, 2019, at around 22:25, the Plaintiff driven a vehicle B with a blood alcohol level of 0.077% while under the influence of alcohol, and operated a vehicle B from the roads in front of the Young-gu, Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, to approximately 3.6 km from the roads in front of the Gyeonggi-gu, Young-gu, Young-gu, Gyeonggi-do.
B. On July 8, 2006, the Plaintiff was subject to a disposition suspending driver's license on the ground that he/she was driven under the influence of alcohol level 0.087%.
C. On January 1, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was making a drunk driving twice or more (hereinafter “instant disposition”) pursuant to Article 93(1)2 of the Road Traffic Act.
On January 14, 2020, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 3, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that there was no personal injury due to the Plaintiff’s drinking driving, the driving distance was a relatively short distance from 3 to 4km, the Plaintiff actively cooperates with respect to the detection, the Plaintiff is engaged in the building management business, which requires a driver’s license due to its nature, the Plaintiff’s family support, and the Plaintiff’s efforts not to drive a drinking again, as it is too harsh to the Plaintiff, and thus, the instant disposition should be revoked.
(b) as shown in the attached Form of the relevant statutes.
C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 2 of the Addenda of the Road Traffic Act, 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 the suspension of the driver’s license.