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 February 22, 2017, around 02:52, the Plaintiff, while under the influence of alcohol level of B 0.086% at the front of the sub-section 33-1 of the sub-section 33-1 in the Sejong-si, Sejong-si, the Plaintiff, while driving a BK9 vehicle under the influence of alcohol level of 0.086%, was under the influence of alcohol while driving the vehicle on the right side of the road and escaped without taking any measures to remove and destroy the facilities such as roadside trees, fire-fighting water signs, street signs, etc., which were planted on
B. On June 14, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class 1 common), on the ground that the Defendant imposed the penalty points of 125 points due to the foregoing traffic accident (100 points for drinking driving, 15 points for failing to take measures after the accident, and 10 points for breach of duty of safe driving) and the annual accumulated points exceed the criteria for revocation of the driver’s license (121 points for a year).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on August 22, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 16 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff is an industrial engineer for fire-fighting facilities and equipment, who is engaged in the fire-fighting supervision duty and supports his family members, and the driver's license of this case is essential, and the drinking drinking of this case is relatively minor in terms of the license suspension value, and can have been covered by insurance for physical damage caused by an accident since it was covered by a comprehensive insurance at the time of the accident. The defendant did not escape without taking necessary measures at the time of the accident but went away from the road site to the nearby house in order to request the plaintiff's wife to return to the road site after leaving the site to support the plaintiff's wife. In light of the above, the disposition of this case is unlawful as it excessively harsh to the plaintiff, thereby abusing its discretionary power.
(b)the driver's license is granted on the ground of exceeding the judgment points.