자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff acquired a driver’s license (Class II ordinary) on May 9, 1998, and was discovered while driving under the influence of alcohol 0.082% in the blood alcohol concentration on June 19, 2012, and is a company member.
B. On August 14, 2019, the Plaintiff, while under the influence of alcohol at 0.089% of blood alcohol concentration on August 23:15, 2019, driven a e-mail car with approximately KRW 200 meters distance from Yongsan-gu B to the roads front of the D convenience point in Ildong-gu, U.S. (hereinafter “instant drunk driving”).
C. On September 3, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 26, 2019, but was dismissed on November 5.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]
2. Whether the instant disposition is lawful
A. In light of the overall circumstances, such as the fact that there is no personal injury caused by the drinking driving of the instant case by the Plaintiff’s assertion, relatively short of the distance of movement, the use of a usual driving, and active cooperation in the investigation, and the need for the driver’s license for business and the need for family support, the instant disposition is beyond the scope of discretion or abuse of discretionary power.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
(1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall comply with the standards prescribed by Ordinance of the Ministry of Public Administration and Security: