자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On March 25, 2008, the Plaintiff acquired a driver’s license (class 1 ordinary) and was discovered while driving under the influence of alcohol 0.060% in blood alcohol level on July 23, 2013.
B. On November 23, 2019, at around 23:55, the Plaintiff driven a motor vehicle of about 1 km from the right line B to the roads in front of the D cafeteria located in C at Suwon-si, under the influence of alcohol of 0.088% of blood alcohol level (hereinafter “instant drinking driving”).
C. On January 20, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On March 6, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission
4. The dismissal was 14.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and there is no personal or material injury caused by the instant drunk driving, the use of a usual driving and active cooperation with the police investigation, and the fact that the driver’s license is absolutely necessary by taking charge of technical duties that require frequent business trips, and considering all circumstances, such as the household type, etc., the instant disposition is beyond the scope of the discretion or abuse of discretionary authority.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall