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 October 1, 1986, the Plaintiff acquired Class 2 motor bicycle riding, Class 1 ordinary motor vehicle driver's license (B) on February 19, 1987.
On September 15, 2015, at around 01:28, the Plaintiff was under the influence of alcohol with 0.134% of blood alcohol level, and there was an accident in which the Plaintiff was in contact with other vehicles while driving C Costaex vehicle from the first floor parking lot of the D Building in Seongbuk-gu, Manam-si to about 20 meters in front of the first floor E pharmacy of the same building.
B. Accordingly, on September 25, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on November 30, 2015, but was dismissed on January 5, 2016.
[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. The plaintiff's assertion 1) The plaintiff's assertion that since 10 minutes of driving had not passed since the completion of drinking skills at the time, caused the above traffic accident, but thereafter, 83 minutes of drinking. Considering that the blood alcohol concentration from 30 minutes to 90 minutes after the completion of drinking results in the highest level, the plaintiff's blood alcohol concentration at the time of the accident cannot be readily concluded to be above 0.1% at the time of the accident. 2) When the driver's license is revoked for the reason that the driver's license is essential as an employee of the pharmaceutical wholesale company, the plaintiff's and his family's livelihood prevents the plaintiff's livelihood, and the plaintiff was waiting for the substitute driving at that time, it constitutes a case where the plaintiff abused discretion by excessively harshing the plaintiff.
B. Comprehensively taking account of the overall purport of the pleadings in each statement in evidence Nos. 5, 6, 8, and 13, the time when the Plaintiff caused the instant traffic accident is measured at around 01:28, Sept. 15, 2015, and around 02:51, which passed 83 minutes thereafter, with the blood alcohol concentration measured at 0.134%.