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 1, 2016, at around 19:50 on October 1, 2016, the Plaintiff driven a Mati 400c Two-wheeled Driving (hereinafter “instant drinking driving”) under the influence of alcohol level of 0.167% in front of the mountain distance 1303, which was located in Gangdong-gu Seoul Metropolitan Government, and caused a traffic accident (one personal damage; hereinafter “instant traffic accident”).
B. On December 6, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 large, class 1 large, large, rescue, salvage, class 2 ordinary, and class 2 small, medium) on the ground of the instant traffic accident caused by the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on February 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s final drinking time is about 19:30, and the time when the instant traffic accident was paid is about 19:50, and the time when the instant traffic accident was collected is about 21:52, and the blood alcohol concentration is about 0.167% measured after a lapse of about 120 minutes from the time when the said traffic accident was paid. It cannot be readily concluded that the instant disposition based on the blood alcohol concentration at the time of the instant driving. Therefore, the instant disposition based on the blood alcohol concentration by blood collection was unlawful. (ii) Since the Plaintiff driven a two-class small license, the Defendant should have revoked only the Plaintiff’s second-class small license.
Therefore, among the dispositions in this case, Class 1 large, Class 1 large, large, salvage, and Class 2 ordinary licenses must be revoked.
3. The Plaintiff reflects the drinking driving of the instant case in depth, and the Plaintiff is living through the transportation business, and the Plaintiff agreed with the victim of the instant traffic accident.