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 November 5, 1997, the Plaintiff acquired a Class II ordinary driver’s license.
B. On October 13, 2016, the Plaintiff, while under the influence of alcohol around 22:30 on October 13, 2016, driven B 3 automobiles at a section of about 100 meters from the parking lot of the Kimhae-si Kimhae Bank's Kim Jong-si to the front day of the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and the
C. On November 16, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driving under the influence of alcohol.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on November 17, 2016, but was dismissed on January 3, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The legality of the instant disposition
A. The Plaintiff’s assertion 1) Although the Plaintiff had failed to be in a place of fluence due to the Plaintiff’s tension at the time of the crackdown on the driving of the instant vehicle, the police officer refused it and conducted a blood alcohol measurement as it is, and the Plaintiff’s blood alcohol content at the time of the alcohol measurement is so increased that the Plaintiff’s blood alcohol content at the time of the blood alcohol measurement cannot be ruled out to be excessive than the actual blood alcohol content. Therefore, the instant disposition is unlawful as it is based on erroneous results. ① The distance of the Plaintiff’s vehicle in the instant case is only 100 meters, ② there was no traffic accident since the Plaintiff acquired the driver’s license, ② The instant vehicle is also in a simple driving, and the instant case is also in a simple driving, ③ the Plaintiff’s spouse, elementary school student, and ④ the amount of debts should be repaid, and the amount of debts should be paid.