자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 4, 2020, at around 17:13, the Plaintiff driven C vehicle while under the influence of alcohol level of 0.042% on the front of the building B in Busan City (hereinafter “instant drinking”).
B. On January 14, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of February 18, 2020, pursuant to Article 93(1)2 of the Road Traffic Act, against the Plaintiff on the ground that the Defendant had driven under the influence of alcohol more than the second day.
(hereinafter “instant disposition”). C.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 10, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 3, 7 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The proviso of Article 93(1) and 93(2) of the Road Traffic Act, which is the basis for the instant disposition, and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (hereinafter collectively referred to as the “instant legal provision”).
(2) The Plaintiff is unconstitutional as it violates the principle of equality by excessively infringing the citizens’ freedom of occupation and general freedom of action by allowing a person who has driven under the influence of alcohol to drive under the influence of alcohol only once more than once, and by allowing a person who has driven under the influence of alcohol to drive under the influence of alcohol for a prolonged period of two years. (2) The Plaintiff was driving under the influence of alcohol only at a short distance by driving under the influence of telegraph for the purpose of immediately parking the vehicle, and driving under the influence of alcohol, and driving under the influence of alcohol did not cause any separate damage due to drinking, and the blood alcohol concentration is merely the value corresponding to the suspension of license.