자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff engaged in a construction business. On July 27, 1997, the Plaintiff acquired a driver’s license (class 2 ordinary) on May 12, 1998, and acquired a driver’s license (class 1 ordinary) on May 12, 1998, and was discovered while driving under the influence of alcohol 0.075% in the blood alcohol level on December 10, 208.
B. On March 15, 2019, at around 22:32, the Plaintiff driven a Cschtonton car at a distance of about 500 meters from the ridge distance in the Guri-si, Gori-si, Gori-si, to the front side of Guri-si, while under the influence of alcohol by 0.148% of blood alcohol level (hereinafter “instant drinking driving”).
C. On April 15, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 5, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.
7. The dismissal was 26.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 15]
2. Whether the instant disposition is lawful
A. In light of the overall circumstances, such as the Plaintiff’s relatively short distance of movement and there is no human or physical damage caused by the instant drunk driving, the violation of the instant drunk driving and cooperation with the police investigation, and the fact that the driver’s license is absolutely necessary, support the family, and economic difficulty, the instant disposition is beyond the scope of discretion or abuse of discretionary power.
(b) No one shall drive a motor vehicle, etc. under the influence of alcohol (including construction machinery other than construction machinery under 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) under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall exclude student licenses.