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 27, 2013, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.122% of alcohol level.
B. After that, on November 19, 2019, the Plaintiff, while under the influence of alcohol at 0.054% of alcohol level around 01:10, driving a 500-meter 50-meter m from the roads adjacent to “D” located in Silung-si, Silung-si to the E apartment Fdong underground parking lot.
C. On December 19, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had been driving under the influence of drinking alcohol again (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 May 12, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drunk driving, and the distance of driving is relatively short, the Plaintiff’s side and again is expected not to drive under the influence of alcohol, and the Plaintiff’s work as an employee of a company, and thus, the Plaintiff is essential to have the same mobility in the line of duty. Therefore, if the driver’s license is revoked, the principal performance of duties is impossible, and the Plaintiff’s spouse and the three children should be supported and the obligation should be repaid, and thus, the instant disposition should be revoked since it is too harsh to the Plaintiff, and thus, it should be revoked.
B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle
As seen earlier, the Plaintiff has already been driving skills.