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 December 16, 1997, the Plaintiff acquired a Class 1 ordinary license.
B. On December 28, 2015, the Defendant rendered the instant disposition that revoked the Plaintiff’s driver’s license as of January 20, 2016 on the ground that the Plaintiff driven B vehicles while under the influence of alcohol concentration of 0.101% on the road located in the Busan East-gu Busan Metropolitan Government, Busan Metropolitan Government, on the road in front of the Korea Meteorological Administration.
C. On February 1, 2016, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission, but was ruled dismissed on March 8, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 to 4 (including virtual numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is currently engaged in the management of external trading offices at the certified judicial scrivener office, and thus the Plaintiff’s driver’s license is essential. In light of various circumstances, including: (a) the Plaintiff’s departure from the time of the maintenance of the instant disposition; (b) the Plaintiff’s livelihood impedes the Plaintiff and his family members; (c) there was no record of driving alcohol for not less than 20 years since the Plaintiff’s acquisition of the driver’s license; (d) the blood alcohol content at the time of the instant driving ought to be considered as 0.10% of the pulmonary measuring instrument’s error; and (e) the distance of driving is short, the instant disposition is an illegal disposition that deviates from and abused
B. In light of the increasing number of automobiles today and the increasing number of driver's licenses are issued in large quantities, and the need to strictly observe traffic regulations due to the reduction of traffic conditions is growing, and the frequent traffic accidents caused by driving on a driving on a driving and the need to strictly regulate driving on a driving on a driving on the ground of a driving on a driving on a driving on the ground of a driving on a driving on a driving on a driving on the ground that it is unnecessary to strictly regulate driving on a driving on a driving on a driving on a driving on the ground that the revocation of a license on a driving on the ground