운전면허취소처분취소
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 July 20, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license as of August 22, 2016 on the ground that the Plaintiff driven C vehicles while under the influence of alcohol content of 0.116% on the roads located in Nam-gu, Nam-gu, Nam-gu, Mapo-si (Mapo-si) on July 8, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on September 27, 2016.
【Facts without dispute over the grounds for recognition, entry of Gap-2 and Eul-1 in the evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. (1) The Plaintiff’s assertion that the blood alcohol content of the Plaintiff by mistake of facts is 0.116%, and there was a rise in the blood alcohol level at the time of the measurement of alcohol level, and thus, it may constitute less than 0.1% at the time of driving under the influence of alcohol.
(2) In light of the fact that a driver’s license as an abuse of discretionary authority is essential and thus the revocation of a driver’s license is difficult to maintain livelihood, the instant disposition is unlawful as it deviates from and abused discretionary power.
B. (1) In light of the following facts, which are acknowledged by comprehensively integrating the purport of the entire pleadings in each statement of evidence Nos. 2 and 3 as to the assertion of misunderstanding of facts, even if the alcohol level at the time of measuring the alcohol level falls under the increase of blood alcohol level, in light of the amount of alcohol at the time of measuring the alcohol level and the Plaintiff’s condition at the time of measuring the alcohol level, the Plaintiff’s blood alcohol level at the time of driving constitutes the criteria for revoking the driver’s license under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic
① At around 22:30, the Plaintiff’s blood alcohol concentration was measured as 0.116% as a result of a breath alcohol level measurement conducted by a drinking gauge in the state of drinking at least 22:42, which was 12 minutes after the Plaintiff’s detection of a drinking alcohol level.
② The Plaintiff’s investigation conducted by the police, and up to 21:50, 300 beer and 100 beer.