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 October 2, 2015, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the ground that “the Plaintiff was under the influence of alcohol at around 21:04 on September 17, 2015, and was under the influence of alcohol at least 0.05%.”
(hereinafter “instant disposition”). (b)
On October 7, 2015, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on October 28, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 13 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the instant disposition, which did not consider the Plaintiff’s revocation of a driver’s license due to the nature of the occupation, was unlawful by abusing his discretion to threaten his family’s livelihood.
(b) No one shall drive a motor vehicle, etc. under the influence of alcohol (including construction machinery, other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2);
(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof within one year according to the standards prescribed by Ordinance of the Ministry of Security and Public Administration:
Provided, That the driver's license shall be revoked in cases falling under subparagraphs 2, 3, 7 through 9 (excluding cases where the regular aptitude test period has elapsed), 12, 14, and 16 through 18.
2. At least twice the latter part of Article 44 (1) or (2);