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. On December 10, 2013, the Plaintiff driven a motor vehicle under the influence of alcohol with a blood alcohol level of 0.084% on December 10, 2013, while under the influence of alcohol with a blood alcohol level of 0.078% on August 9, 2016.
B. After that, at around 01:01 on April 30, 2020, the Plaintiff, while under the influence of alcohol at 0.047% of alcohol level, driven the B fishing code car at a 50-meter level from the roads in front of the Yongsan-gu, Ansan City to the roads in front of the same Gu.
C. On May 19, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had a driving record under the influence of drinking (hereinafter “instant disposition”). D.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the gist of the plaintiff's assertion, the plaintiff arrived at the place where the substitute engineer was in a house after drinking alcohol, and then the substitute engineer was driving at a shorter distance that the plaintiff would directly park; there was no personal or material damage caused by the plaintiff's drinking driving; the plaintiff is going against the plaintiff and the plaintiff would not drive under the influence of alcohol again; the plaintiff is driving a real estate sales agency for the sale of real estate; the plaintiff is driving a real estate sales agency for the sale of real estate; the plaintiff is in the position where the main performance of duties would be impossible if the driver's license is revoked due to an essential relationship; the plaintiff must support his spouse and his/her liability should be repaid; and the disposition in this case is revoked because there is an error of law by abusing discretionary power because it is too harsh to the plaintiff.
(b) judgment;