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. The Plaintiff acquired a Class I driver’s license on March 7, 2002. However, on January 6, 2009, the Plaintiff was subject to the revocation of the driver’s license on personal injury and drunk driving (0.074% of blood alcohol level). On February 23, 2011, the Plaintiff acquired a Class I driver’s license on February 23, 201, and was subject to the disposition of the suspension of the driver’s license on drinking (0.072% of blood alcohol level) on February 18, 2013. On May 14, 2019, the Plaintiff was subject to the disposition of the suspension of the driver’s license on the drinking driving (0.072% of blood alcohol level) from the front of the Geumcheon-gu Seoul Building to the front of the D Apartmentdong-dong, Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant drinking”).
B. On May 31, 2019, the Defendant rendered a disposition to revoke the license 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 (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 20, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff alleged that the plaintiff used a usual driving, and tried to use a substitute driving immediately before the driving of the instant drinking, the plaintiff did not cause a traffic accident through the pertinent drinking driving, the distance of the pertinent drinking driving is relatively short of 1.8km, the plaintiff's blood alcohol concentration at the time of the instant drinking driving is minor, the possibility and risk of criticism for the instant drinking driving is considerably low, the plaintiff is serving in G sales team as G sales team, and the driver's license is essential, and the plaintiff's license is essential to move to his family by performing a core operation for a short time.