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 June 28, 2018, at around 16:32, 2018, the Plaintiff driven a motor vehicle in violation of the signal, and took a conversation between E and AssistantF, while driving a motor vehicle in violation of the signal, the circumstances where the Plaintiff driven a motor vehicle by drinking, such as the Plaintiff’s red light on the Plaintiff’s face and smelling the alcohol at the seat, were revealed, and thus, the said police officer was required to take a alcohol test.
As a result of the alcohol measurement, the Plaintiff was arrested as a flagrant offender in the crime of obstruction of performance of official duties by threatening E and F, such as avoiding disturbance that the blood alcohol concentration would not be accepted by 0.119%, and notifying F that if the police officer exercised violence against the police officer, he could be arrested as a crime of obstruction of performance of official duties.
The Plaintiff continued to walk down knee E with knee in the course of being arrested for the foregoing reasons, and knee in the back of the patrol car, and assaulted the F’s left side bridge once by walking.
B. On October 19, 2018, the Plaintiff was indicted as charged with the foregoing facts charged [Obstruction of Performance of Official Duties, Violation of the Road Traffic Act (Operation by Drinking)] and was sentenced to a full conviction of ten months of imprisonment (Article 2018 Gocheon District Court Decision 2018 Godan1907, Gocheon District Court Decision 2018 Godan2285 (Merger)], while the Plaintiff appealed against the appeal, the appeal was dismissed on December 19, 2018 (Article 2018No3726) and the subsequent judgment became final and conclusive as it is.
C. On July 30, 2018, the Defendant issued a disposition to revoke the first-class 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 0.1%, which is the base value for revocation of the license, and ② an assault against a police officer performing traffic control duties (hereinafter “instant disposition”).
The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission (the Central Administrative Appeals Commission) filed an administrative appeal on September 18, 2018.