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 14, 2005, the Plaintiff has a record of violating the prohibition of drunk driving by driving a motor vehicle under the influence of alcohol with the blood alcohol concentration of 0.211% and the blood alcohol concentration of 0.149% on October 19, 2009.
B. On December 15, 2017, around 20:55, the Plaintiff driven a car with C benz C200 while under the influence of alcohol level of 0.059% on the front of B at Enju City.
C. On January 22, 2018, the Defendant issued a notice of the first-class driver’s license to the Plaintiff on January 22, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff violated the prohibition of drinking alcohol twice or more, on the ground that the Plaintiff violated the prohibition of drinking alcohol.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on May 9, 2018.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 2, Eul evidence 1 through 7 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a licensed real estate agent’s brokerage assistant, etc. as his/her duties. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as the Plaintiff’s failure to lead his/her livelihood due to the necessity of driving his/her business.
B. In full view of the provisions of Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency must revoke the driver’s license in a case where a person who has violated two or more times the prohibition of driving under the influence of alcohol once again drives under the influence of alcohol falls under the grounds for suspending
As seen above, the plaintiff violated the prohibition of drinking driving again in the state of not less than two times, and the defendant, who is the commissioner of a district police agency, must revoke the plaintiff's driver's license without fail, and determine whether to revoke the driver's license.