자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On April 8, 2017, the Plaintiff was under the influence of alcohol with a blood alcohol content of 0.137% at around 20:06, and the Plaintiff was driving a passenger car at approximately 500 meters prior to the roads prior to the 1007 Oro-dong, Seogu, Seosan-gu, Annsan-gu, Annsan-si.
B. On April 17, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I large, Class I common, and Class I common).
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Jun. 1, 2017).
【Facts without dispute over the grounds for recognition, Gap’s 1, 2, 6 evidence, Eul’s 4 through 13, the purport of the whole pleadings
2. (1) The plaintiff's disposition of this case is legitimate. (1) The plaintiff's revocation of the first-class driver's license that is not related to the operation of the above vehicle on the day of this case should be revoked as it is unlawful. (2) Furthermore, since food materials are operated together with the wife on the day of this case due to lack of food materials on the day of this case, the driver's license of this case should be revoked as it is abused and abused. (2) The plaintiff's disposition of this case should be revoked as it is unlawful because it is an abuse of discretionary power, in full view of the following: (i) it is merely a simple driving; (ii) it is merely an accident or not; and (iii) it is responsible for the family's livelihood due to the operation of the restaurant; and (iv) it is necessary for the driver's license.
I first examine whether the revocation of Class I driver's license is legitimate or not.
According to the main sentence of Article 93 (1) of the Road Traffic Act, since the driver's license to all the scope of the driver's license is subject to the revocation suspension, the case in which the plaintiff was discovered while driving the above car while drinking it.