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 11, 198, the Plaintiff acquired a driver’s license (class 1 common), and was discovered while driving under the influence of alcohol 0.079% on December 26, 2005, and was discovered while driving under the influence of alcohol 0.079% on May 21, 201, and the driver’s license was revoked on July 2, 201, and on July 25, 2012 (class 1 common).
B. On March 20, 2020, the Plaintiff, while under the influence of alcohol at around 0.057% of blood alcohol concentration, driven a vehicle B with approximately 4 km distance from the area near the main port of the Jinsung-gun, Jin-gun, Gangwon-do, which is located in the Jinjin-gun, to the front road of the intersection located in the 7154 U.S., Jin-gu, Jin-si (hereinafter “instant drinking driving”).
C. On April 20, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On May 4, 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
6.9. The dismissal was made.
[Identification Evidence: Evidence Nos. 1, 4, 6, 7, and evidence No. 1 to 11]
2. Determination
A. In light of all circumstances, the instant disposition exceeded the scope of discretionary authority or abused discretionary authority, since it is absolutely necessary for the Plaintiff’s driver’s license to commute to and from the place of construction of apartment complexes located in Gangwon-gun from October 16, 2019, taking into account the fact that there is no personal injury or injury caused by the instant drunk driving, and that there is room to reduce the disposition pursuant to the Enforcement Rule of the Road Traffic Act (Attachment Table 28) because the instant disposition is not sufficient to take account of the fact that the Plaintiff’s blood alcohol concentration was not revoked, and that there is room to reduce the disposition pursuant to the Enforcement Rule of the Road Traffic Act (Attachment Table 28).
(b) Article 44 of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) (1) shall be under the influence of alcohol;