자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 3, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) as of September 2, 2017, on the ground that the Plaintiff had a alcohol level of 0.054% (0.054% of blood alcohol level on December 2, 2010, and 0.16% of the blood alcohol level on March 21, 2014) on July 19, 2017, under the influence of alcohol level of 0.064% on the front of the building B at Changwon-si, Changwon-si (hereinafter “instant disposition”).
On August 25, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 17, 2017.
【Reasons for Recognition】 Entry of Evidence Nos. 1 and 13, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was that the Plaintiff returned home using a substitute driving after drinking alcohol, and the Plaintiff turned about about 10 meters from the alleyway to re-parking parking at the demand of neighbors, and the Plaintiff continued to work as a pharmaceutical company’s operating staff to maintain his family’s livelihood. In light of the fact that the Plaintiff’s driver’s license is essential to maintain his family’s livelihood, the instant disposition was unlawful since it was excessively harsh and abused the discretionary power.
B. The proviso of Article 93(1)2 of the Road Traffic Act provides that the driver’s license shall be revoked in cases where a drunk driving in violation of Article 44(1) of the Road Traffic Act falls under at least three times, and does not grant discretion as to whether to revoke the driver’s license. Therefore, the defendant must take a disposition to revoke the driver’s license in cases where the driver’s license falls under at least three times, and there is no discretion to take any other measure.
Therefore, the disposition of this case revoking the Plaintiff's driver's license on the ground that the Plaintiff's drinking driving falls under more than three times is a deviation or abuse of discretion.