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 November 18, 2015, the Defendant was found to have failed to comply with the demand of the control police officer for a alcohol test without good cause while driving a B vehicle under the influence of alcohol on November 7, 2015 by the Plaintiff on November 7, 2015.
In accordance with Article 93 (1) 3 of the Road Traffic Act, the plaintiff's first class large and the first class ordinary driving license was revoked from December 19, 2015.
(hereinafter referred to as “instant disposition”). (b)
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on December 3, 2015, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 5, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 1 to 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The police officer demanded a measurement of a breathr, not a respiratory measuring instrument, and arrested a flagrant offender. The police officer’s demand for a drinking measurement against the Plaintiff was made in an unlawful manner by plucking, plucking, etc., and thus, the Plaintiff’s refusal of the demand is justifiable. Therefore, the Plaintiff’s refusal of the demand is not recognized. Accordingly, the Plaintiff’s refusal of the disposition is justifiable. 2) Considering that the Plaintiff’s acquisition of a driver’s license before 25 years, without any specific criminal power, the Plaintiff’s driver’s license is necessary to support his livelihood and family, and that it is against the nature of the drinking driving, the instant disposition is excessively harsh and thus unlawful.
(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency shall revoke the driver's license or revoke the driver's license for up to one year in accordance with the standards prescribed by Ordinance of the Ministry of the Interior: