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 October 23, 2001, the Plaintiff acquired Class 1 ordinary driving licenses, and Class 1 large driving licenses on August 24, 201.
B. On November 13, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s respective driver’s license as of December 15, 2015, on the ground that the Plaintiff driven B vehicles while under the influence of alcohol content of 0.104% on the front of the Busan Eastdong Samsungdong Samsung Electronic Service Center, on November 22:36, 2015.
C. On December 24, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, which was dissatisfied with the instant disposition, but was subject to the dismissal ruling on January 22, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff worked as a shipping driver at the company and thus requires a driver’s license. Taking into account various circumstances, including the fact that the instant disposition is inevitable to leave from the position of the Plaintiff and his family members, and that the Plaintiff has no record of driving under the influence of alcohol or causing any traffic accident for at least 15 years after the Plaintiff acquired a driver’s license, and that the blood alcohol content at the time of the instant driving ought to be 0.104% of the respiratory measuring instrument’s error, the instant disposition is an illegal disposition that deviates from and abused discretion due to excessive suspicion to the Plaintiff.
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 driving on a driving and the need to strictly regulate driving on a driving on a driving on the ground of a driving on a driving on a driving on a driving on a motor vehicle is urgent, and the revocation of driver's licenses on the ground of a driving on a driving on a driving on a driving on a motor vehicle is common benefit.