자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Details of the disposition
On January 18, 2020, at around 18:30, the Plaintiff driven a motor vehicle of Sti-type C on the front road of Jincheon-gun, Jincheon-gun, Chungcheongnam-do.
(hereinafter referred to as “instant driving”). The said Spati line was rounded by a bypassing the right side of the road, and it was crashed, falling into the course on the right side of the road.
(hereinafter “instant traffic accident.” The police officer at the police station patrol station called upon receiving the report of the instant traffic accident, deemed that there are reasonable grounds to suspect that the Plaintiff was driving under the influence of alcohol, such as the Plaintiff’s smelling, the Plaintiff’s occurrence of an inaccurate distance, etc., and requires the Plaintiff to take a breath test based on the breath test.
However, the Plaintiff rejected the police’s demand for the measurement of alcohol for about 41 minutes from around 19:10 to 19:51 on four occasions.
(hereinafter “instant refusal to measure alcohol level”). On February 26, 2020, the Defendant rendered a revocation disposition on the Plaintiff on the ground that the Plaintiff refused to measure alcohol level.
(2) On March 20, 2020, the Plaintiff received the instant disposition, and thereafter filed an objection against the instant disposition on April 28, 2020 on the ground of “the deviation from discretion or abuse” (hereinafter “instant objection”). On June 5, 2020, the Defendant dismissed the Plaintiff on the ground that “the objection is not subject to examination” (hereinafter “the result of the instant objection”), and the Plaintiff received the said decision on June 17, 2020.
On June 26, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. On July 24, 2020, the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on the ground that “the Plaintiff filed an administrative appeal 90 days after the date on which the Plaintiff became aware of the instant disposition.”
(hereinafter referred to as “instant administrative appeal ruling”). [The grounds for recognition] did not dispute, Gap evidence 1 through 3, Eul evidence 1 through 12, and the purport of the whole pleadings.