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. The Plaintiff driven a motor vehicle under the influence of alcohol level 0.094% on March 29, 2002, while under the influence of alcohol level 0.094%, and was under the influence of alcohol level 0.139% on September 4, 2004.
B. On January 20, 2017, at around 23:48, the Plaintiff, while under the influence of alcohol at a 0.083% of alcohol level, driven a B-do passenger car, and 2 km from the Southern-dong in return at the time of harmony to the front of the C-si at the time of harmony.
C. On February 6, 2017, the Defendant issued a disposition revoking the second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had been driving under the influence of drinking more than twice (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 June 20, 2017.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5 (including additional number), Eul evidence 1 to 17, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion 1) The plaintiff argued that he was deprived of an opportunity for appeal to the result of the pulmonary test. The plaintiff asked the police officer whether the blood alcohol level of 0.083% measured by the pulmonary survey method at the time is higher than the blood alcohol level, and whether it is necessary to re-examine the breath test by blood collection method, and the police officer stated that "if he collected blood to fall under the cause for the suspension of driver's license, the higher in value," and that the plaintiff renounced the breath test by the blood collection method. If the plaintiff knew that he falls under the cause for the cancellation of driver's license, he naturally requested the breath test by the blood collection method, and he was deprived of the police officer's opportunity to resist the result of the breath test by the breath test method.