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 January 4, 2003, the Plaintiff acquired a driver’s license (Class 1 ordinary) on May 15, 2006, and acquired a driver’s license (Class 1) on May 15, 2006. On February 13, 2010, the Plaintiff was discovered while driving under the influence of alcohol 0.085%. On February 8, 2012, the Plaintiff acquired a driver’s license (Class 1) on May 19, 2013, and was discovered while driving under the influence of alcohol 0.087% of the blood alcohol concentration, and acquired a driver’s license on July 14, 2014 (Class 1).
B. On November 30, 2019, at around 23:15, the Plaintiff, while under the influence of alcohol of 0.070% of blood alcohol level, driven a C-learning passenger car (hereinafter “instant drinking driving”) at a distance of about 30 meters on the front road of the Dongbcheon-si Office of Education in front of the Dongbcheon-si Office of Education (hereinafter “instant drinking driving”).
C. On December 13, 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 December 20, 2019, but was dismissed on February 4, 2020.
[Identification Evidence: Evidence No. 1, 9, Evidence No. 1 to 11]
2. The Plaintiff asserts that the instant disposition, in light of the fact that the blood alcohol level at the time of driving under the influence of alcohol is not high and that the driving distance is very short, that the driver’s license is absolutely necessary and that the driver’s license is absolutely necessary, economic circumstances, etc., was abused or abused from discretion.
However, according to Articles 93(1)2 and 44(1) of the Road Traffic Act, the Plaintiff has a history of driving under the influence of alcohol, and there is no room for discretion to choose whether to revoke the driver's license to the Defendant, who is the disposition authority, is the Defendant.
Therefore, this case.