자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
A. On August 26, 2019, from around 18:20 to around 18:50 on the same day, the Plaintiff driven D Eccoo car from around the front city bus terminal located in the 30-gu Seoul metropolitan area within the Gagjin-gu Seoul metropolitan area from around the front city bus terminal to about 4 km from the front city bus terminal located in the same Gu B.
B. On August 26, 2019, at around 18:55, the Plaintiff’s blood alcohol content was measured at 0.156% as a result of the respiratory measurement by a drunk.
The plaintiff's blood alcohol concentration was measured 0.199% as a result of the appraisal by the Gwangju Science Investigation Institute.
C. On October 4, 2019, the Defendant issued a disposition to revoke the first-class large driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol 0.206% of blood alcohol concentration (the numerical value applying the Ba mark formula to 0.199% of blood alcohol concentration by blood collection measurement) (hereinafter “instant disposition”).
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 10, 2019. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on November 12, 2019.
[Reasons for Recognition] The plaintiff's assertion by the parties as to the legitimacy of the disposition of this case as to Gap's evidence Nos. 1-2, 3, 4, and 4-2, Gap evidence Nos. 24, Eul evidence Nos. 5, 6, 8, 9, and 10, and the whole purport of the argument as to the legitimacy of the disposition of this case. The plaintiff's assertion by the parties is that there is no history of driving or causing a traffic accident after Feb. 17, 2006. The plaintiff not only supports a bus driver's duty but also supports a child with a disability, which makes it difficult for family members to maintain their livelihood when the driver's license is revoked, such as ordinary service activities, etc.