자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On June 4, 1987, the Plaintiff obtained a driver’s license (class 1 ordinary), but revoked the driver’s license on August 8, 1997 due to drinking. On July 11, 1998, the Plaintiff acquired a driver’s license (Class 1 ordinary) and was discovered while driving under the influence of alcohol with a blood alcohol concentration of 0.086% on May 7, 2002, and was discovered while driving under the influence of alcohol level of 0.073% on October 27, 2003, and is an assistant to real estate brokerage business.
B. On October 2, 2019, the Plaintiff, while under the influence of alcohol at 0.095% of blood alcohol concentration on October 2, 2019, driven a D-car at a distance of about 10km from the Gangnam-gu Station in Gangnam-gu Seoul Metropolitan Government to the front road in Guri-si B (hereinafter “instant drinking driving”).
C. On October 23, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
On November 12, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 17, 201.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 10]
2. Whether the instant disposition is lawful
A. In light of all circumstances such as the Plaintiff’s assertion that there was no personal or material injury caused by the drinking driving of the instant case, the use of the ordinary driving by proxy, and the active cooperation with the investigation, and the need for the occupational driver’s license and the need for family support, the instant disposition exceeded the scope of discretion or abused discretion.
(b) No one shall drive a motor vehicle, etc. (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), tram, or bicycle while under the influence of alcohol;