운전면허취소처분취소
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 obtained a Class I driver’s license on July 7, 1998, a Class I driver’s license on August 3, 1999, and a Class I driver’s license on August 3, 199. On August 20, 2016, the Plaintiff was under the influence of alcohol 0.117% in blood alcohol level on the front side of the Incheon Southern-gu, Incheon, and was under the influence of alcohol level 0.2:48.
B. On September 2, 2016, the Defendant rendered the instant disposition revoking all of the above driver’s licenses against the Plaintiff with respect to driving under influence as stated in the preceding paragraph.
C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on November 1, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 to 11 (including branch numbers), the purport of the whole pleadings
2. The legality of the instant disposition
A. The Plaintiff’s assertion is that the Plaintiff is the only means of living for the Plaintiff, such as taking a taxi driving on a full-time basis for about 30 years. The Plaintiff is receiving treatment for kid cancer, etc., and suffering from the blood plate destruction certificate even by her wife. The Plaintiff made efforts to cope with the treatment costs of her and her wife as a member of the National Exemplary Association from around 2002 to 2015. The Plaintiff’s blood alcohol concentration falls under the grounds for disposal mitigation, such as that the Plaintiff’s blood alcohol content does not exceed 0.12%, and human injury is generated through a drunk driving, and the Plaintiff is in profoundly against the Plaintiff, and the Plaintiff was suffering from the alcohol concentration by drinking alcohol while drinking alcohol from around 21:40 on August 20, 2016 to drinking alcohol while drinking alcohol and drinking alcohol from around 22:40 on a low level until around 21:40 on 20, 2016.
Therefore, in light of all circumstances, such as the fact that the blood alcohol content at the time of actual operation of the Plaintiff is likely to exceed 0.10%, the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) Determinations are within the scope of discretion by social norms.