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. At around 16:20 on September 19, 2014, the Plaintiff: (a) driven a B motor vehicle while under the influence of alcohol level of 0.122% at the front of the three-lane of ASEAN Korea, Songpa-gu, Songpa-gu, Seoul.
B. On October 16, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first class large and ordinary driver’s license (C) as of November 17, 2014 (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around January 6, 2015.
[Reasons for Recognition] Facts without dispute, entry of Eul 1 to 10 evidence, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion from around 2008 is performing the duty of driving cleaning vehicles in the O208.
The plaintiff was driving on the day of detection, and the meal time was 15:30 to 16:00.
In order to avoid driving all of the meals at a restaurant in the public parking lot located in the company's neighborhood, 500 weeks have passed with the mind that it is not possible to drive the meals.
At the time of moving a D-owned vehicle, which is a fee for the workplace, it has been inevitably driven upon a request to move a parked vehicle in the state of E in the Do of meals.
The plaintiff is the only means of maintaining the livelihood of the plaintiff who has been engaged exclusively in driving service for several hundred and twenty years.
In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In light of the fact that the revocation of a driver’s license on the ground of drinking, such as drinking driving, etc., is an administrative agency’s discretionary act, today’s mass means of transportation, and accordingly, a large amount of driver’s license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc. are often unfolded.