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 March 22, 1995, the Plaintiff acquired a Class I ordinary driver’s license.
B. Around 22:40 on December 12, 2015, the Plaintiff driven B rocketing car at approximately 50 meters from the parking lot south-gu, Ulsan-gu, Chungcheongnam-gu, Seoul-do, to the same Kafin coffee shop. On the same day, the police officer measured drinking to the Plaintiff on a drinking level at around 23:01, and the Plaintiff’s blood alcohol level came to 0.114%.
C. On January 8, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 9, 2016.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 3 through 5, and 8, the purport of the whole pleadings
2. The legality of the instant disposition
A. The Plaintiff’s assertion 1 ① The Plaintiff’s accurate drinking time in this case is not 22:40 on December 12, 2015, but 22:43 on which drinking was measured before the lapse of 20 minutes, and the control police officer did not give the Plaintiff an opportunity to recover the Plaintiff’s draft prior to the measurement of drinking. Thus, it cannot be ruled out that the Plaintiff’s measurement result is excessive due to alcohol remaining in the Plaintiff’s entry, and thus, it cannot be used as the basis for the instant disposition.
② In the instant case, a traffic control police officer carrying the Plaintiff into a police vehicle after drinking alcohol to the Plaintiff constitutes a voluntary act under the Criminal Procedure Act. At the time, a traffic control police officer at the time failed to freely leave the Plaintiff in the course of accompanying or to leave the place of accompanying, and at any time requested the Plaintiff at any time when the traffic control police officer demanded the Plaintiff to voluntarily move to the police vehicle.