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. At around 13:50 on December 15, 2017, the Plaintiff, while under the influence of alcohol on the front of Gyeonggi-gun B, Gyeonggi-gu, Gyeonggi-gu, the Plaintiff, at the time of the police investigation, driven a vehicle after drinking up to 23:30 on December 14, 2017. The Plaintiff stated that the Plaintiff was unable to conduct a breathous measurement because of the breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’
(No. 8). Any person who did not comply with the measurement of drinking alcohol;
(hereinafter “instant refusal of drinking alcohol measurement”). (b)
Accordingly, on the date stated in the purport of the claim, the Defendant rendered a disposition to revoke the driver’s license (class 1 common) for the Plaintiff (hereinafter “instant disposition”).
The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.
C. Meanwhile, in the case No. 2018 High Court Decision 2018 High Court Decision 2015Da509, the Plaintiff was found guilty and was sentenced to a fine of KRW 5 million on May 3, 2018, and the said judgment became final and conclusive thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant disposition was unlawful since the Plaintiff’s excessive time was deemed to have been refused to take a drinking test in the process of making a request for a drinking test by a traffic-related police officer due to the excessive relation prior to the crime, and there was no intention or intent to refuse to take a drinking test. Therefore, the instant disposition was unlawful. 2) Considering the inevitable nature, human and material damage to the Plaintiff’s livelihood, family support and economic difficulties, etc., the instant disposition was deemed to have been abused or abused by discretionary authority.
B. As to the allegation that there is no intention or intention by the judgment 1, in civil or administrative trials.