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 9, 2019, at around 23:55, the Plaintiff driven C vehicle under the influence of alcohol level of 0.054% in front of Dong-gu, Dong-gu, Dong-gu, Seoul (hereinafter “instant drunk driving”).
B. On January 14, 2020, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff had been driving under the influence of alcohol in the past.
C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on March 10, 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.
[Attachmenting on August 23, 2006 (0.05% of blood alcohol level) and drinking (0.053% of blood alcohol level) on December 4, 2010] 【Recovering on August 23, 2006. 【Discovering on the ground of recognition】 Facts without any dispute, Gap’s statements in subparagraphs 1 through 3, Eul’s 1 through 14, and the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. When considering all circumstances, such as the Plaintiff’s arrival before his house through a proxy engineer at the time of the Plaintiff’s assertion, which led to a drunk driving in the course of parking, the distance of the Plaintiff’s driving was about 50 meters, the Plaintiff’s active cooperation in the investigation of a drunk driving after the instant drunk driving, the Plaintiff actively used a normal-time driving, the Plaintiff’s vehicle operation is essential in performing customer response duties, economic difficulties, and there are family members to support, etc., the instant disposition was abused or abused the discretion by excessively harshly harsh to the Plaintiff.
(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(2) of the same Act, the commissioner of a district police agency, in a case where a person who was discovered as a drunk driver or a refusal to take a alcohol level again drives his/her motor vehicle and thereby