자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On January 22, 1988, the Plaintiff acquired a driver's license (class 1 ordinary) and is an urban gas constructor.
B. On August 29, 2019, the Plaintiff, while under the influence of alcohol at around 03:00, driven a 1km car from YA to C in the direction of alcohol alcohol leveling to about 0.120% (hereinafter “instant drunk driving”), and shocked the facilities located on the traffic island.
C. On September 23, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On October 21, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 3, 201.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 13]
2. Whether the instant disposition is lawful
A. In light of the overall circumstances, such as the fact that the Plaintiff’s alleged mobile distance is relatively short, the fact that the vehicle was driven at model for about 32 years after obtaining the driver’s license, active cooperation with the police investigation, the fact that the driver’s license is absolutely necessary, family support and economic difficulties, etc., the instant disposition is beyond the scope of the discretion or abuse of discretionary power.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) When 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 subparagraphs, the commissioner of a district police agency shall include all scope of a driver's license in accordance with
(b).