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 26, 2017, at around 22:37, the Plaintiff driven Derc-crick cruise car volume on the road located in the Busan Suwon-gu B while under the influence of alcohol by 0.084% of alcohol level.
(hereinafter referred to as “drinking driving of this case”). (b)
The defendant has been found to have been driven while under the influence of alcohol at least 0.05% in blood alcohol level on at least two occasions on April 10, 2011, and May 31, 2014).
C. On March 21, 2017, the Defendant issued a disposition revoking the license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff is a person who had a two-time drinking driving record but was engaged in a three-time drinking driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 11, 2017.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5 (including a provisional lot number) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of all the circumstances, including the fact that the Plaintiff did not cause any traffic accident due to drinking alcohol, the revocation of the driver’s license would lead to a enormous impediment to livelihood, the circumstances leading to driving and the attitude toward the investigation agency, etc.
B. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, when a person who has driven not less than twice a drunk driving again falls under the grounds for the suspension of a driver’s license, the driver’s license shall be revoked as necessary. Thus, it is obvious that the disposition agency has no discretion to choose whether to revoke the license, and therefore, the disposition of revocation of the driver’s license is subject to the requirements of the same Act.