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 September 27, 2006, the Plaintiff is a driving engineer of a bridge, and was discovered while driving under the influence of 0.205% alcohol level, and on November 6, 2006, the driver’s license (Class 2 motorcycle, Class 2 ordinary, and Class 1 ordinary) was revoked on November 6, 2006. On November 9, 2007, the Plaintiff acquired the driver’s license (Class 2 ordinary) and the driver’s license (Class 1 ordinary) on March 26, 2013.
B. On May 3, 2019, the Plaintiff, while under the influence of alcohol at 0.237% of blood alcohol concentration on May 3, 2019, driven a e-learning car at approximately 2.5 km distance from the Yangju-si apartment to the DF seat parking lot located in Yangju-si C (hereinafter “instant drunk driving”).
C. On May 24, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 3, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.
9. The dismissal was 0.10
[Evidence Evidence: Evidence No. 1 to 5, Evidence No. 1 to 14]
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and actively cooperated in the police investigation, and that the driver’s license is absolutely necessary and considering all circumstances, such as family support and economic difficulties, the instant disposition is beyond the scope of discretion or abuse of discretionary power.
(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall grant student licenses.