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 May 16, 2005, the Plaintiff is under the influence of alcohol with a blood alcohol concentration of 0.103%.
On June 25, 2005, all drivers' licenses (class I ordinary and class II motorcycles) were revoked, and they are under the influence of alcohol on July 7, 2008 after obtaining a driver's license (class I ordinary) on April 13, 2010, while under the influence of alcohol by 0.212%.
On June 3, 2010, the driver's license was revoked, and on August 13, 2012, the driver's license (Class I common) was acquired, and on May 23, 2018, the driver's license (Class II small) was acquired.
B. On November 13, 2019, at around 19:17, the Plaintiff driven a F motorcycle at a distance of about 3 km from the “C Burial” in Jeju-si to the front of the Ecafeteria located in D while under the influence of alcohol by 0.092% of blood alcohol level (hereinafter “instant drinking driving”).
C. On January 22, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On March 13, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission
5.12. The dismissal was made.
[Identification Evidence: Evidence No. 1, 2, Evidence No. 1 to 12]
2. Whether the instant disposition is lawful
A. In light of the purport of the Plaintiff’s assertion, the instant disposition exceeded the scope of discretion, or abused discretionary power, when moving a motorcycle to show bank services, etc. with the point of view to the fact that the driver’s license was absolutely necessary due to driving of the truck, and considering all circumstances, such as the fact that the driver’s license is absolutely necessary by driving the truck.
(b) Article 44 of the Road Traffic Act (Prohibition on Driving Motor Vehicles while Intoxicated) (1) shall apply to any motor vehicle, etc. while under the influence of alcohol (construction machinery, other than construction machinery, under the proviso to Article 26 (1)