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 February 26, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s Class 1 ordinary driving license as of March 29, 2015 on the ground that the Plaintiff driven B vehicles with a blood alcohol concentration of 0.122% in front of the Busan East-dong Busan-dong, Busan-dong, on February 11, 2015.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on May 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff was suffering from from three years ago on the day of this case, and was driven by a multi-level phone of his wife that he was suffering from App and head disorder. The plaintiff is necessarily required a driver's license due to the plaintiff's appearance in the wireless department of the ship of the corporation as the director of the C team and the installation of CCTV and follow-up management. When the disposition of this case is maintained, there is a risk of dismissal if the disposition of this case is maintained and the family's livelihood is considerably impeded. Since the plaintiff acquired a driver's license, there is no force regulating a drinking driving for 24 years, and there is no cause of a traffic accident causing human and physical damage, the disposition of this case is erroneous in the misapprehension of discretionary power and abuse of discretionary power.
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 according to the reduction of traffic conditions is growing, and the frequent traffic accidents caused by driving on a motor vehicle and the results thereof are so harsh that it is necessary to strictly regulate driving on a motor vehicle, the reason for driving on a motor vehicle is limited.