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 July 3, 2019, at around 00:55, the Plaintiff driven a B-car section at approximately 100 meters from the nearby road in Bupyeong-si to D-si, while under the influence of alcohol by 0.036% of alcohol level.
B. On April 1, 2004, the Plaintiff was subject to a disposition suspending driver's license on the ground that he/she was driven under the influence of alcohol content 0.089%.
C. On July 17, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driving at least twice.
On October 25, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that no personal or material damage has occurred due to the plaintiff's drinking alcohol driving, that the person used the ordinary driving, that the driving distance of the vehicle is relatively short of 50 meters, that actively cooperates in the investigation, that the plaintiff's driver's license is essential due to the nature of his/her duties as a self-employed person, that the plaintiff must support his/her spouse and children, and that the plaintiff is going against the present status of the plaintiff and would not drive under the influence of alcohol again, the instant disposition in this case should be revoked because it is too harsh to the plaintiff, thereby abusing or abusing the discretion.
(b) as shown in the attached Form of the relevant statutes.
C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 2 of the Addenda of the Road Traffic Act, when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for the suspension of the driver’s license.