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 January 16, 2002, the Plaintiff acquired a Class 1 ordinary car driver’s license (B), and around 03:50 on August 28, 2018, the Plaintiff driven approximately 5 km-free car volume under the influence of alcohol by 0.15% at the point of 20 km in the middle direction of the road from the Gyeongsung C Complex to the point of 20 km in the middle direction of the road between Pyeongtaek-si and Pyeongtaek-si (hereinafter “driving of this case”).
B. On October 16, 2018, the Defendant rendered a disposition to revoke the license of driving motor vehicles as stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 4, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff used the plaintiff's substitute driving in a usual manner, and tried to use the substitute driving in the case of this case. The plaintiff did not cause a traffic accident through the drinking driving of this case. Accordingly, the possibility of criticism and danger about the drinking driving of this case is significantly low, and the plaintiff has been exemplary driving without any particular accident for 17 years. The plaintiff is an employee of a trade name "E" to install water-purification facilities at the national water purification plant and take charge of the A/S affairs. Thus, the driver's license must take a business trip across the country. The distance from the workplace to the workplace is 40 km away from the workplace to the workplace to the workplace to the workplace, and actively cooperate and reflects with the investigation agency about the drinking driving of this case. The plaintiff must support the spouse and his/her dependent under the influence of the drinking alcohol symptoms for 3 years, and it is economically difficult to pay medical expenses and household debts to the spouse.