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 July 10, 200, the Plaintiff acquired a driver’s license (class 1 ordinary) and was discovered while driving under the influence of alcohol 0.073% of the blood alcohol level on March 21, 2017.
B. At around 17:40 on December 18, 2019, the Plaintiff driven a motor vehicle with approximately 1 km away from the mab Station located in the Han-dong-dong-dong-dong-dong-gu to the front road of C department stores located in C, thereby under the influence of alcohol at KRW 0.101% (hereinafter “dacting driving of this case”).
C. On January 8, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On February 10, 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
4. The dismissal was 14.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 11]
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and there is no personal or material injury caused by the instant drunk driving, the use of a usual driving and active cooperation with the police investigation, and the nature of the business by engaging in the business and considering the overall circumstances, such as the family type, etc., the instant disposition is deemed to have 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;
(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall revoke and suspend the driver's license: