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. From November 19, 2014 to 20:30, the Plaintiff was investigated on the suspicion that he/she driven a marijuana while having a risk of being unable to drive normally. On February 4, 2015, the Defendant applied Article 93(1)4 of the Road Traffic Act to cancel the Plaintiff’s Class II ordinary driver’s license (C) on March 1, 2015 (hereinafter “instant disposition”).
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on June 19, 2015, but the said claim was dismissed on or around July 14, 2015.
[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 to 8 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The amount of marijuana smoked by the Plaintiff at the time of driving is only 0.03704g.
Therefore, it cannot be deemed that there was a concern that the vehicle could not drive normally.
The plaintiff is also involved in the business of manufacturing and selling clothes by the president of a dance institute, and the operation of a vehicle is essential.
In addition, a vehicle needs to be operated even in order to implement probation, order to attend a lecture or order to provide community service.
The plaintiff is planned to be married immediately, and the father of the plaintiff is annually faced with economic difficulties.
In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1) Article 150 subparagraph 1 of the Road Traffic Act provides that a person who drives a motor vehicle, etc. in a state where he/she is unlikely to drive the motor vehicle normally due to drugs in violation of the provisions of Article 45 shall be punished, and Article 45 of the Road Traffic Act provides that a driver of a motor vehicle, etc. shall be punished in addition to the influence of alcohol as provided in Article 44, and others prescribed by Ordinance of the Ministry of Public Administration and Security.