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 June 10, 1993, the Plaintiff acquired a Class 2 ordinary car driver’s license (B) on June 12, 2003, and was driving on June 12, 2003. On January 13, 2015, around 22:50, the Plaintiff was under the influence of alcohol 0.196% of the blood alcohol level (the primary re-measurement was 0.156%, but the blood measurement level was 0.156%, which was measured at the request of the Plaintiff) while driving the C Trate car while under the influence of alcohol.
B. Accordingly, on January 29, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff driven the same alcohol as above.
C. On February 13, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on March 17, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4 and 14
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion constitutes a case where the Defendant’s disposition of this case constitutes a case where the Plaintiff’s employee and the Plaintiff’s family’s living means are excessively harsh, and thus constitutes an abuse of discretionary power, in view of the following: (a) the Plaintiff’s act of driving on the day but did not go on the day; (b) the blood alcohol level was high compared to drinking water; (c) the Plaintiff’s driver’s license is essential for business and livelihood; and (d) if the Plaintiff’s license is revoked, the Plaintiff’s act constitutes a case where the Plaintiff’s act
B. The need to strictly observe traffic regulations according to the reduction of traffic conditions is growing due to the rapid increase of motor vehicles today, the number of driver's licenses are issued in large volume, and traffic conditions are complicated. In particular, traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, it is only on the ground of drunk driving.