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 September 19, 2018, the Plaintiff driven the Poter Cargo in the vicinity of the C convenience store in Chuncheon immediately after drinking alcohol.
B. The police officers belonging to the Chuncheon Police Station received 112 report that “the plaintiff was driven under the influence of alcohol” and called to the front of the convenience point.
The above police officers have reasonable grounds to recognize that the plaintiff was driving under the influence of alcohol, such as the plaintiff's blood color with red and snacking alcohol without drinking, etc., and demanded the plaintiff to comply with a drinking test for five times. However, the plaintiff failed to comply with it.
(hereinafter “instant refusal of drinking alcohol measurement”). C.
On October 30, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 large, Class 1 common) pursuant to Article 93(1)3 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) on the ground of the Plaintiff’s refusal to measure alcohol in this case.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 21, 2018, but the Central Administrative Appeals Commission dismissed the said claim on January 8, 2019.
E. On the other hand, on October 30, 2018, the Plaintiff was indicted for summary violation of the Road Traffic Act (refluence of measurement) and was issued a summary order of KRW 7 million on November 15, 2018, and the said order became final and conclusive around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3 evidence, Eul’s 1 through 7 evidence (including each number, if any; hereinafter the same shall apply), a significant fact in this court, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) At the time of the Plaintiff’s refusal to measure alcohol of this case, five times during a short period of less than twenty minutes without clearly notifying the Plaintiff of the disadvantage resulting from the refusal to measure alcohol.