자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On October 30, 1992, the Plaintiff acquired a driver’s license (Class II ordinary) and was discovered while driving under the influence of alcohol above 0.1% on October 15, 1997, and the driver’s license was revoked. On November 14, 1998, the Plaintiff acquired a driver’s license (Class I ordinary) on November 14, 1998, and was discovered while driving under the influence of alcohol with 0.058% of the blood alcohol level on December 30, 1998. On November 19, 2013, the Plaintiff was discovered while driving under the influence of alcohol with 0.132% of the blood alcohol level on November 19, 201, and was discovered and the driver’s license was revoked on January 1, 2014.
B. On August 15, 2019, at around 20:48, the Plaintiff driven a B body-man car at a distance of about 1 km from 190 square meters to 228 square meters from the Triju’s peace in the Triju’s peace, while under the influence of alcohol by 0.079% of blood alcohol level (hereinafter “instant drinking driving”).
C. On September 17, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking 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 27, 2019, but was dismissed on November 12.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]
2. The Plaintiff asserts that the instant disposition was out of discretion or abused in light of the fact that there is no personal injury or injury caused by the drinking driving of the instant case, the distance of movement is relatively short, and active cooperation with the investigation, the driver’s license is absolutely necessary, and economic difficulties, etc.
However, according to Articles 93(1)2 and 44(1) of the Road Traffic Act, the Plaintiff has a history of drinking alcohol, and the Plaintiff’s driver’s license shall be revoked if a person driving a drinking alcohol again falls under the grounds for suspension of license.” Thus, the Defendant, who is the disposition authority, shall obtain a driver’s license.