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 April 26, 2004, the Plaintiff was subject to a disposition of driver's license on April 28, 2004 on the ground that he/she was under the influence of alcohol 0.189%, on the ground that he/she was under the influence of alcohol. On December 4, 2006, the Plaintiff was subject to a disposition of driver's license on December 6, 2006 on the ground that he/she was under the influence of alcohol 0.051%.
B. On March 15, 2019, at around 08:10, the Plaintiff driven a motor vehicle in the E Spart under the influence of alcohol from the Plaintiff’s house located in the East Sea B to the front road of the Drown Association located in the East Sea C in the East Sea.
(hereinafter referred to as “drinking driving of this case”).
At the time of the crackdown on drinking driving of this case, the Plaintiff’s blood alcohol concentration was measured at 0.051%.
On March 26, 2019, the Defendant revoked the Plaintiff’s Class 2 ordinary driving license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff “not less than three times drinking driving or drinking measurement is impossible.”
hereinafter referred to as "disposition of this case"
E. The Plaintiff filed an administrative appeal against the instant disposition on April 10, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on May 21, 2019.
2. The plaintiff did not interfere with the flow of traffic or cause a traffic accident at the time of the plaintiff's assertion.
The distance that the plaintiff moved to a drinking driving is relatively short of 2 km.
The plaintiff made a net confession of all crimes and responded to the investigation, and it is hard to say that the plaintiff will not drive a drinking again twice.
The plaintiff is a boiler maintenance engineer, and the driver's license is absolute in maintaining the livelihood.
The plaintiff needs to support a sick mother, a spouse, and a young son.
The plaintiff is engaged in volunteer activities and received a presidential commendation through recovery from snow damage.
Considering these circumstances, the instant disposition is unlawful as it deviates from and abused discretionary power.
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