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 20, 1986, the Plaintiff acquired a Class I driver’s license for large-sized vehicles (B) on October 30, 1991, and was driven on October 30, 199. On August 2, 2015, the Plaintiff’s Cpote car quantity owned by the Plaintiff was under the influence of alcohol at around 0.165% of alcohol level around August 2, 2015, and was found to have been driven under the influence of alcohol level at around 0.165%.
B. Accordingly, on August 17, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on September 2, 2015, but was dismissed on October 2, 2015.
[Reasons for Recognition] Evidence No. 26, Evidence No. 4, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Article 4(1) of the Act on the Performance of Duties by Police Officers of the Plaintiff’s Claim 1 provides that when a police officer finds, under the influence of alcohol, a person who is highly likely to inflict harm on his/her or another person’s life, body, or property, and has considerable grounds to believe that an emergency relief is necessary, the police officer may take appropriate measures, such as requesting a public health and medical care institution or public relief institution for emergency relief, protecting him/her, etc. In cases where a police officer finds that a criminal act is about to be committed in front of the police officer, he/she shall issue a warning to the person concerned to prevent such act, and where it is deemed that such act is likely to inflict harm on the person’s life or body, or cause serious damage to property, the police officer may restrain such act.
At the time, the control police officer was dispatched after receiving a report to the effect that breath is in a vehicle.
Nevertheless, under the influence of alcohol.