자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On February 24, 2001, the Plaintiff obtained a driver’s license (class 1 ordinary) and is a taxi engineer.
B. On August 17, 2019, at around 01:25, the Plaintiff driven a B-car (K3) at a distance of approximately 60 meters on the front of the corporate bank located in the sphere of Suwon-si, Suwon-si, the area of the right of use of the blood alcohol, while under the influence of alcohol at KRW 0.178% (hereinafter “instant drinking driving”).
C. On August 29, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 25, 2019, but was dismissed on November 5.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 11]
2. Whether the instant disposition is lawful
A. In light of the following circumstances: (a) the Plaintiff’s assertion relatively short of the mobile distance and the acquisition of a driver’s license for about 19 years; (b) there was no personal or physical damage caused by the pertinent drunk driving; (c) the use of a flat acting driving; and (d) actively cooperate with the police investigation; and (c) the instant disposition was absolutely necessary for the driver’s license and is deemed to abuse discretionary authority or abuse discretionary authority.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall obtain a driver's license according