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 4, 2002, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.102% of alcohol level.
B. After that, the Plaintiff, at around 23:00 on September 11, 2019, driven a B rocketing car while under the influence of alcohol of 0.072%, and 500 meters from Pyeongtaek-si District to E front roads located in Pyeongtaek-siD.
C. On September 24, 2019, the Defendant issued a disposition revoking Class 1 and Class 1 ordinary drivers’ licenses to the Plaintiff on September 24, 2019, on the ground that the Plaintiff had a history of drinking alcohol driving again (hereinafter “instant disposition”). D.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 3, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the distance of the vehicle driving is relatively short, the Plaintiff’s self-driving is going against and again, and the Plaintiff is expected not to drive under the influence of alcohol; the Plaintiff is working as a fire-fighting official; when the driver’s license is revoked, the Plaintiff is unable to perform driving duties in relation to the fire station; the Plaintiff’s spouse and three children are provided; the Plaintiff must support the Plaintiff’s spouse and three children; and the Plaintiff must pay the loan to the financial institution; and the Plaintiff has to go to the hospital as the vehicle with the bad mother’s health, and thus, the instant disposition should be revoked.
B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle
As seen earlier, the Plaintiff had already been.