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 28, 2008, the Plaintiff: (a) obtained Class I driver’s license for large vehicles on September 19, 2014; (b) obtained Class I driver’s license for large vehicles on September 19, 2014; (c) was driving a vehicle under the influence of alcohol concentration of 0.055% on March 14, 2016; and (d) controlled it on the road front of Samsung Bio-ro, Nam-gu, Incheon.
B. On October 25, 2005, the Defendant issued the instant disposition that revoked all of the Plaintiff’s above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol 0.143% and the blood alcohol 0.065% on April 4, 2013, while the Plaintiff had been in violation of Article 44(1) of the Road Traffic Act twice or more.
C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on July 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 evidence, Eul evidence 1 to 11 (including branch numbers), the purport of the whole pleadings
2. The legality of the instant disposition
A. In light of all circumstances such as the Plaintiff’s assertion that it was not the Plaintiff’s intention of drinking alcohol from the beginning, that blood alcohol content is minor to 0.055%, that the Plaintiff’s driver’s license is essential to run an occupation related to automobile maintenance, that the Plaintiff supports mother and wife, that the Plaintiff’s income is maintaining his livelihood solely with the Plaintiff’s income, that the Plaintiff has a heavy obligation to repay, and that the Plaintiff is in profoundly against one’s mistake, the instant disposition was in violation of the law that deviates from and abused discretionary power by excessively harshly treating the Plaintiff.
B. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act, in a case where a person who has driven at least twice a drunk driving again falls under the grounds for suspending the driver’s license, the commissioner of the competent district police agency shall have the driver’s license revoked without fail.