자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 12, 2020, at around 00:42, the Plaintiff driven C vehicle under the influence of alcohol level of 0.079% in front of Dong-gu, Dong-gu, Seoul (hereinafter “instant drunk driving”).
B. On January 31, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol in the instant case even though he had past history of driving under the influence of alcohol (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on April 28, 2020.
On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.
[3. On March 10, 2003, the alcohol level of blood alcohol level 0.118%). 【No dispute exists as a ground for recognition, the entries in Gap's 6, 7, 9, Eul's 1, 2, 4, 13 (including additional numbers) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. Considering all circumstances, such as the Plaintiff’s assertion that drinking driving of this case interferes with traffic flow or did not cause traffic accidents, active cooperation was made in the investigation of drinking driving after driving of this case, the Plaintiff engaged in the freight truck transport business, which is essential to operate a vehicle for livelihood, having economic difficulties and family members who should support, etc., the instant disposition is excessively harsh to the Plaintiff, thereby abusing discretion.
(b) as shown in the attached Form of the relevant statutes;
C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act, in a case where a person discovered due to a drunk driving or a refusal of measurement of drinking again drives a motor vehicle and thus falls under the grounds for the suspension of a driver’s license, the commissioner of a district police agency shall inevitably revoke the driver’s license