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 August 12, 1983, the Plaintiff acquired and driven a Class 2 ordinary car driver’s license (B) on July 6, 1996. On December 21, 2015, the Plaintiff driven a mountain-est car with a blood alcohol level of 0.086% around 18:25 on December 21, 2015, while driving a mountain-est car at the same time under the influence of alcohol level of 0.086% on August 12, 1983, the Plaintiff left the site as it did not take any measures to cause an accident by shocking the front vehicle under the influence of alcohol level at the front of C at the time of Gyeonggi-gu, and added it again to the victim.
B. Accordingly, on February 24, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s foregoing points as above, 100 points for driving, 10 points for non-performance of safety driving duties as well as 125 points for non-performance of duties, and 15 points for totaling 125 points for non-performance of duties after an accident.
C. The Plaintiff filed an administrative appeal on May 19, 2016, but was dismissed on August 16, 2016.
[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. Plaintiff’s assertion 1) On December 21, 2015, when approximately 19:24 hours elapsed from 18:25 on December 21, 2015, when the Plaintiff caused the instant drilling, the Defendant performed a drinking test against the Plaintiff, and the Plaintiff completed the final drinking drinking around 18:10 at that time, and at that time, there was a rise in blood alcohol concentration from 30:9 minutes to 90 minutes, so the blood alcohol level measured at the time of the accident was higher than the value at the time of actual driving. Therefore, it cannot be concluded that the Plaintiff’s blood alcohol level exceeded 0.05% since the Plaintiff’s blood alcohol level was higher than that at the time of actual driving. (2) In light of the Plaintiff’s home environment, etc., the Plaintiff cannot engage in such volunteer activities if the Plaintiff’s driver’s license was revoked.