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 January 30, 2018, from around 21:00 to 23:50, the Plaintiff driven Datoba in front of the Plaintiff’s house located in the same Gu C while drinking in a restaurant located near Jongno-gu Seoul, Jongno-gu.
B. The Plaintiff, who returned to the house, is punished for young people and city expenses, who had sexual intercourse around the house.
On the following day, a police officer who was dispatched was aware of a drinking driving, so a drinking test was conducted by the plaintiff.
The measurement is 0.121%.
C. On March 5, 2018, the Defendant rendered a notice of revocation of the first-class ordinary vehicle driver’s license and the second-class motorcycle driver’s license (hereinafter “instant disposition”) to the Plaintiff on March 5, 2018, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is at least 0.1%.
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 15, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence Nos. 1, 4, and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.
1) The Plaintiff completed driving, and she was allowed to take a drinking test only after drinking back to his house, and after drinking the so-called so, 0.121% of the above measured values reflects the increase in blood alcohol level caused by drinking alcohol at home, and thus, the instant disposition was not considered a blood alcohol level at the time of driving. Thus, the Plaintiff’s vehicle operation is essential in seeking materials and selling finished products while operating the so-called “the instant disposition.” In light of the Plaintiff’s circumstances and various circumstances, the instant disposition is excessively harsh and discretionary power.