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 June 18, 2016, around 00:10 on June 18, 2016, the Plaintiff is driving B taxi vehicles while under the influence of alcohol on the front of the Jincheon Residents Center in Daegu-gu, Seocheon-gu.
The network of the church fence was shocked, and the blood alcohol concentration was measured at 0.158% as a result of the breath measurement conducted by the control police officer around 00:32 on the same day.
B. On July 21, 2016, the Defendant issued a disposition revoking the driver’s license (Class I ordinary) as of August 14, 2016 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was driving under the influence of alcohol as above.
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on September 30, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 evidence, Eul evidence 1 to 14 (including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. Whether the disposition is lawful;
A. At the time of the Plaintiff’s assertion, the measurement of alcohol at the time of the instant disposition was conducted in a state where traffic safety and the need to prevent danger has ceased to exist after the completion of driving. While the Plaintiff was a substitute engineer, the Plaintiff was driving a vehicle at the place of residence, but the parked vehicle was likely to interfere with or cause traffic accidents of other vehicles, so it was inevitable to drive a short distance for the purpose of avoiding danger. Once the driver’s license is revoked, the driver’s license was lost the sole means of living and the driver’s license is revoked. Considering the disadvantages suffered by the Plaintiff due to the instant disposition and the aforementioned circumstances, the instant disposition
B. In light of the following circumstances, in full view of the purport of the entire evidence presented in the first instance judgment, the Plaintiff may take into account the degree of disadvantage the Plaintiff would suffer from the instant disposition and other various circumstances asserted by the Plaintiff.