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. On November 23, 2019, at around 15:07, the Plaintiff driven a vehicle B with a blood alcohol level of 0.054% while under the influence of alcohol, and a vehicle B from the front of the Suwon-si, Suwon-si C to the front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si.
B. On December 13, 2013, the Plaintiff was revoked the driver’s license on the ground that he/she was driven under the influence of alcohol content 0.187%.
C. On December 21, 2019, the Defendant issued a disposition to revoke the driver’s license for Class 1 large vehicles, Class 1 ordinary vehicles, Class 2 small vehicles, Class 2 small vehicles, and Class 2 motorcycles under Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was making a drinking driving twice or more (hereinafter “instant disposition”).
On December 30, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 18, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 18, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion is that the Plaintiff’s driving distance in this case is relatively short of 3 km, that has used the usual driving, that has actively cooperated with the detection, that is, the Plaintiff is a self-employed person who manufactures and supplies contact lenses, and whose driver’s license is essential due to the nature of his duties, that the Plaintiff must support his spouse and four children, and that the Plaintiff is going to not drive under the influence of alcohol again, considering the fact that the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.
(b) as shown in the attached Form of the relevant statutes.
C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 2 of the Addenda of the Road Traffic Act, the determination is made after June 30, 201.