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 March 24, 2018, the Plaintiff did not comply with the alcohol alcohol measurement even if there are reasonable grounds to recognize that the Plaintiff driven B, while under the influence of alcohol, within the second apartment complex of the same 203 203 apartment complexes, which would have been under the influence of alcohol, as in the Goyang-gu, Yongsan-gu, Seoyang-gu, Seoyang-gu, 2018.
At the time of the dispatch by the control police officer, the Plaintiff was seated in the driver’s seat, snicking, snicking, and diving (Evidence B). At the time of the police investigation, the Plaintiff driven B vehicle from March 24, 2018 to 02:00 at the time of the police investigation.
(No. 8). (b)
Accordingly, on the date stated in the purport of the claim, the Defendant rendered a disposition to revoke the driver’s license (class 1 ordinary and class 2 ordinary) against the Plaintiff (hereinafter “instant disposition”).
The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.
C. Meanwhile, the Plaintiff was indicted for committing a crime in violation of the Road Traffic Act (refluence of the measurement of drinking level) by Goyang Branch 2018 Goyang Branch 2018 Goyang Branch 3428, and was issued a summary order of KRW 5 million on June 15, 2018, and thereafter filed an objection to the request for formal trial, and the said summary order became final and conclusive upon withdrawal.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff did not comply with a drinking test due to the lack of normal judgment ability due to drinking alcohol, and did not intend or intend to refuse a drinking test. Therefore, the instant disposition is unlawful. 2) Considering the inevitable nature, human resources, and physical damage for the Plaintiff’s livelihood and activities in the occupation of conducting real estate appraisal business, and the family support and economic difficulties, the instant disposition is unlawful since it exceeded and abused its discretionary authority.
(b) the intention and intention of determination 1.