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 April 16, 1998, the Plaintiff acquired a Class 2 motorcycle driver's license, but on April 27, 1999, the Plaintiff was subject to special reduction and exemption on July 9, 2002 when he was subject to the disposition of revocation of driver's license due to failing to report and failing to report, and without obtaining a driver's license, and again acquired Class 2 ordinary driver's license on August 21, 2002.
However, on June 17, 2004, the driver's license was revoked on December 22, 2004 due to the drinking driving (0.085% of blood alcohol concentration), the driver's license was revoked on January 19, 2005 due to the drinking exclusively driving (0.1% of blood alcohol concentration) (0.123% of blood alcohol concentration). On February 27, 2007, the driver's license was revoked on March 4, 2014.
B. On July 18, 2016, the Plaintiff acquired a Class II ordinary driver’s license (B) on July 18, 2016, and around March 23:13, 2019, around 27:3:17, Pyeong-ro 3:17, from the joint public parking lot of Pyeongtaek-si to the front road of the Dju station located in Pyeongtaek-si C with a blood alcohol concentration of about 0.148% (hereinafter referred to as “driving of this case”).
C. On February 6, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).
The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on May 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff alleged that the plaintiff used a usual driving, and attempted to use a vicarious driving immediately before the driving of the case. The plaintiff was a traffic accident through the driving of the case.