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 10, 2020, at around 00:11, the Plaintiff driven the B K5 car while under the influence of alcohol of 0.109%, and 200 meters from the road front of the B apartment house in the emulation city to the 2nd underground floor parking lot of the same apartment house D-dong apartment in the emulation city.
B. On March 31, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 16, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the gist of the plaintiff's assertion, the plaintiff returned to the site after having a string with the workplace rent and the string of a substitute engineer. Within the vehicle, the vehicle was parked on the front side of the apartment complex and operated only to enter the parking lot in the front side of the apartment complex. No physical and physical damage caused by the plaintiff's drunk driving did not occur, and the distance of driving was relatively short, since the plaintiff acquired the driver's license, the vehicle did not cause a traffic accident for about 16 years or have no record of driving under the influence of alcohol, the plaintiff must not drive under the influence of alcohol, and the plaintiff must not drive under the influence of drinking again, and the distance from the place of residence to the site is 40 km or more due to the characteristics of the construction business while on the construction site. In addition, the plaintiff's main work must have frequent mobility and make it impossible for the plaintiff to terminate his/her duties.