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 December 10, 2018, while under the influence of alcohol around 21:45, the Plaintiff was under the influence of alcohol, and was under the control of police officials while driving C QM5 vehicles on the front of B apartment complex in Chungcheongnam-si. On the same day, the Plaintiff’s alcohol concentration in the blood was measured at 0.084% as a result of the respiratory measurement conducted around 21:50 on the same day.
B. The Plaintiff, who is dissatisfied with the above measurement result, measured the blood alcohol level by collecting blood from the emergency department of the D Hospital at around 22:17 on the same day, according to the guidance of police officers. The Plaintiff’s blood alcohol level was measured at 0.130% as the result of the appraisal.
C. On January 4, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter “former Road Traffic Act”) on the ground that the Plaintiff was driven in the state of drinking alcohol level of 0.130% (hereinafter “instant disposition”).
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on January 25, 2019, but the Central Administrative Appeals Commission dismissed the said appeal on March 5, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 11 through 16, and the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion that the Plaintiff caused a traffic accident or had no record of driving under the influence of alcohol until before the transfer, and that there was no personal and material damage, such as a traffic accident, due to the pertinent drunk driving, the Plaintiff led to the confession of the driving under the influence of alcohol and actively cooperate in the investigation, the Plaintiff’s driver’s license is essential in the occupation, and if the driver’s license is revoked, the Plaintiff and his family members’ livelihood are difficult. In light of the above, the instant disposition has
(b)in addition to the relevant laws and regulations;