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 November 21, 2017, around 00:50 on November 21, 2017, the Plaintiff is driving D vehicles with drinking alcohol in front of a gas station located in the Busan East-gu, Busan.
The police officer belonging to the Busan East Police Station, which was under drinking control, did not comply with the demand for a drinking test.
B. On November 27, 2017, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driving license by applying Article 93(1)3 of the Road Traffic Act on the ground that the Plaintiff refused to measure alcohol.
【Ground of recognition” without any dispute, Gap evidence 1, Eul evidence 1-2, Eul evidence 3-1-4, Eul evidence 4-1, Eul evidence 4-2, and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion that: (a) the Plaintiff obstructed traffic flow at the time of the instant case; (b) the Plaintiff was not a substitute driver at the time of the instant case; (c) the Plaintiff was not a substitute driver but was making efforts to avoid driving; (d) the Plaintiff was in charge of technical business of technical business of the parts related to factory automation; (c) the Plaintiff is in need of a driver’s license; (d) the Plaintiff is responsible for his family’s livelihood; and (e) the Plaintiff was actively engaged in ordinary blood donation and volunteer activities, etc., the instant disposition was unlawful and abused the discretionary authority.
B. The main text of Article 93(1) of the Road Traffic Act provides that "the Commissioner of a Local Police Agency may cancel a driver's license (including any driver's license within the scope; hereinafter the same shall apply in this Article) or suspend the validity of a driver's license for a period not exceeding one year in accordance with the standards prescribed by Ordinance of the Ministry of Public Administration and Security, if a person who has obtained a driver's license (excluding any student license; hereinafter the same shall apply in this Article) falls under any of the following subparagraphs."