자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around 11:50 on June 26, 2018, the Plaintiff was found to have driven a motor vehicle of approximately 300 meters in front of the transmission correction point in Gwangju City, Gwangju City, on the road in front of the transmission correction point, and was found to have driven a motor vehicle for drinking. At the time of respiratory measurement, the Plaintiff was measured as 0.101% of blood alcohol content at the same time.
B. On July 19, 2018, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license based on Article 93(1)1 of the Road Traffic Act.
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Aug. 28, 2018; Presidential Decree No. 2420, Aug. 28, 2018)
【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings
2. (i) Whether the instant disposition is legitimate, the Plaintiff asserts that the instant disposition constitutes abuse of discretion, and thus, the instant disposition should be revoked accordingly, on the grounds that: (a) the Plaintiff’s disposition constitutes a case where the Plaintiff abused the discretionary authority, considering the following: (b) the drafting was not sufficiently known; (c) there is a possibility that drinking measuring apparatus’s failure or malfunction is likely to occur; and (d) there is a possibility that the measured values would be excessive due to the balance of alcohol formulated by making it impossible on several occasions; (b) the blood alcohol concentration ratio is close to 0.1%, the revocation criteria; (c) the driving distance is short; and (d) the driving distance is short; and (e) the driver’s license is required for the sake of family life while carrying out his duties
The disposition of this case is legitimate in the following point of view, and the plaintiff's assertion pointing out its illegality is without merit.
The court of the lawsuit of the administrative litigation shall consider the whole purport of the pleadings and the result of the examination of evidence, and whether the fact-finding is true in accordance with logical and empirical rules based on the idea of social justice and equity.