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 August 25, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license as of September 22, 201, on the ground that: (a) the Plaintiff was under the influence of alcohol 0.059% on August 14, 2001; (b) the Plaintiff was under the influence of alcohol 0.127% on September 29, 2003; and (c) the Plaintiff was under the influence of alcohol 0.127% on two occasions on the road located in Daegu-gu, Daegu-gu, and was under the influence of alcohol 0.076% on three occasions; and (b) the Defendant was under the influence of alcohol ever on the road on which the Plaintiff was under the influence of alcohol 0.076% on July 24, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on October 18, 2016.
【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1 and 10, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion that there was no accident, and the revocation of a driver’s license is very difficult to live, etc., the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act, when a person who drives a drinking vehicle twice or more re-drivings the driver’s license and falls under the grounds for the suspension of the driver’s license, the competent local police agency must necessarily revoke the driver’s license. Thus, this is a binding act
(2) In the instant case, even though the Plaintiff had had had had had had had had had had had two times of drinking prior to the instant case, driving of a motor vehicle under the influence of alcohol level 0.076% of the blood alcohol level on July 24, 2016 is as seen above. Therefore, the instant disposition on this ground is lawful, and there is no issue of deviation from abuse of discretionary power.
(3) Therefore, the Plaintiff’s assertion is rejected.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.