자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Details of the disposition
On January 15, 2020, at around 21:20, the Plaintiff driven a B low-speed car with the blood alcohol concentration of 0.187% (blood collection and respiratory 0.152%) while under the influence of alcohol, and led a vehicle stop signal by disregarding the vehicle stop signal from the direction of the wind station to the border at the high-speed city of the game (hereinafter “instant drinking driving”).
At the time, the plaintiff found the pedestrian who dried the crosswalk to the right side of the above top-down direction with the pedestrian signal (hereinafter referred to as the "victim") late and took a sudden action to avoid this, but the plaintiff had the victim go beyond the ground in the course of avoiding the collision with the above high-speed.
(hereinafter “instant traffic accident”). As a result, the victim suffered approximately two weeks of medical treatment.
On March 13, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground that the Plaintiff caused the instant traffic accident with one light person while driving the instant motor vehicle.
(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 13, 2020, but was dismissed on June 16, 2020.
On the other hand, on June 5, 2020, Jyang District Court sentenced the Plaintiff to a fine of KRW 10 million in relation to the crime that “A person was injured by the instant traffic accident due to dangerous driving, and was driving under the influence of alcohol.” The above judgment became final and conclusive on June 13, 2020.
(hereinafter referred to as “relevant criminal judgment”). [The grounds for recognition] did not dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1 through 10, and the overall purport of the pleadings, and whether the disposition of this case is legitimate or not, the plaintiff's assertion that the vehicle is suspended according to the crosswalk stop signal, and what is the victim at the time.