자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The defendant issued the disposition of this case on October 17, 2014, on the ground that the plaintiff driven two vehicles under the influence of alcohol concentration of 0.104% on January 9, 2003, on a condition of 0.104% on blood alcohol concentration of 0.084% on June 14, 2004 on two occasions, on the ground that the plaintiff driven two vehicles under the influence of alcohol level of alcohol level of 0.07% on the roads in the Cluor apartment located in Chang-gu, Changwon-gu, Changwon-si, Changwon-si, 2014 on September 12, 2014, on the ground that he driven two vehicles under the influence of alcohol level of 0.07% on blood alcohol level.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2-1, Eul evidence 8-2, and Eul evidence 8-3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has no history of driving under the influence of alcohol for the last ten years, and the blood alcohol content at the time of driving under the influence of alcohol of this case is only 0.07%, and all the records that were controlled by driving under the influence of alcohol in 2003 and 2004 were subject to amnesty, and the Plaintiff’s act as a physically handicapped class 4 and led to the Plaintiff’s livelihood, and thus, the instant disposition constitutes a case where the Plaintiff abused or abused the discretion because it is too harsh to the Plaintiff.
(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of the Interior:
Provided, That in cases falling under subparagraphs 2, 3, 7 through 9 (excluding cases where the regular aptitude test period expires), 12, 14, 16 through 18, and 20, the driver's license shall be revoked.
2. A person who has violated the latter part of Article 44 (1) or (2) not less than twice again;