자동차운전면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On April 28, 2014, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff was found to drive B vehicles in the state of drinking alcohol concentration under the influence of blood alcohol concentration on April 11, 2014, but the Defendant failed to comply with the control police officer’s demand for alcohol measurement without justifiable grounds.
B. On May 23, 2014, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a decision to dismiss the Plaintiff’s said request on July 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) The Plaintiff sustained an injury while driving a drinking after drinking alcohol at the time of the instant case, and thereby caused a traffic accident, and the control police officers took a drinking test through the respiratory test even though the Plaintiff was unable to take a drinking test due to a breathetic difficult relationship. Accordingly, the Plaintiff failed to take a drinking test on several occasions but the Plaintiff failed to take a drinking test due to no breathetic level, and the control police officers controlled the Plaintiff’s refusal to take a drinking test through the Plaintiff’s blood collection. In light of the above circumstances of the instant case, it cannot be deemed that the Plaintiff refused a drinking test. Thus, the instant disposition was unlawful. (2) Considering that the Plaintiff responded to a drinking test through the breathetic test on several occasions; (3) there was no power to drive a drinking alcohol prior to the instant case; and (4) there was no choice but to make it difficult for the Plaintiff to live due to the cancellation of a driver’s license, the disposition in this case is unlawful as it deviates from and abused discretion.
(b) annex relevant laws and regulations;