자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On February 22, 1996, the Plaintiff acquired a driver’s license (Class 2 common), and acquired a driver’s license on August 27, 2003 (Class 1 large). On May 23, 2004, the Plaintiff was discovered while driving under the influence of alcohol with a blood alcohol level of 0.056%.
B. On January 15, 2020, at around 14:20, the Plaintiff driven a e-opic car from the front road of the C company located in Sacheon-si B to the front road of D village entrance (hereinafter “the instant drunk driving”). At around 0.030% of the blood test result recovered at around 15:05 (hereinafter “the blood test result,” 0.034% of the breath measured at around 14:30%) while under the influence of alcohol, the Plaintiff driven the e-opic car from the front road of D village entrance.
C. On February 10, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On April 3, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission
6. The dismissal was made on 16.
(7) 3. Service. (Identification Evidence: Evidence Nos. 1 through 6, and No. 1 through 15)
2. The defendant's defense prior to the merits stated that the lawsuit in this case should be dismissed because the plaintiff did not observe the period of filing the lawsuit.
The lawsuit of this case was filed on July 4, 2020 to October 8, 200, after the expiration of 90 days from July 4, 2020, after the plaintiff received a written ruling, and the lawsuit of this case is unlawful, and the above defense is with merit.
In the attached cases, the plaintiff's driver's license was revoked solely with the figures of 0.030% when taking account of the possibility of error, the reason for mitigation prescribed by the Enforcement Rule of the Road Traffic Act is not considered, the driver's license is absolutely necessary to maintain his/her livelihood by taking charge of delivery work by taking charge of delivery work.