자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the instant disposition
A. On May 20, 1971, the Plaintiff acquired Class 1 and Class 1 driver’s license (license number: B) on June 9, 1975.
B. On February 16, 2013, the Plaintiff was imposed 35 points (15 points in violation of signal or instruction, 15 points in middle, 15 points in middle, and 5 points in middle, 5 points in diameter) by causing a traffic accident with one light and one light light.
C. On July 21, 2013, at around 19:30, the Plaintiff was given a penalty of 100 points on the ground that he/she driven a passenger car on the front side of the Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol level of 0.091%.
On September 5, 2013, the Defendant issued the instant disposition to revoke the Plaintiff’s above driver’s license pursuant to Article 93(2) of the Road Traffic Act on the ground that the Defendant’s total sum points for one year exceeds 135 points (35 points and 100 points).
[Ground of recognition] without any dispute, Gap evidence 2, Eul evidence 1 to 13
2. Whether the instant disposition is lawful
A. On July 21, 2013, the Plaintiff’s assertion 1) driven a drinking and arrived at the house, and performed a measurement of the blood alcohol level after drinking. In such a case, the blood alcohol level at the time of measurement cannot be deemed as the blood alcohol level at the time of termination of driving. 2) In light of the fact that the Plaintiff, who is engaged in the automobile transport business, is in need of the automobile driver’s license, the instant disposition is unlawful as it deviates from or abused the discretion by excessively harshing the instant disposition.
B. In full view of the Plaintiff’s assertion that he/she had driven one drinking and arrived at his/her house after driving alcohol, and that he/she had measured the blood alcohol level after drinking alcohol level, the Plaintiff drank four illness in the D restaurant from 18:50 on July 21, 2013 to 19:20 on July 21, 2013, and the overall purport of the evidence and arguments as seen earlier, the Plaintiff drank four illness in the D restaurant. At around 19:00, two persons during driving at around 19:0, while working at around 19:0, left only E and the Plaintiff, and the Plaintiff was E.