자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On December 13, 1993, the Plaintiff acquired a driver’s license (class 1 ordinary) and is the company source.
B. On August 10, 2019, at around 16:05, the Plaintiff driven a CKazon vehicle with approximately 6 km distance from the front of the bus bus stop in the Guri-si 226-4 in the state of alcohol while under the influence of alcohol of 0.112% (16:10) (hereinafter “instant drinking”).
C. On September 2, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 4, 2019, but was dismissed on October 15.
[Identification Evidence: Evidence No. 1, 5, Evidence No. 1 through 10]
2. Whether the instant disposition is lawful
A. Since the Plaintiff’s driver’s license was obtained, it is difficult to believe the blood alcohol concentration as it is, and considering all circumstances such as the need for occupational license and family support, the instant disposition was abuse of discretionary authority or discretion, since it was a figure measured at around 15:30 at the time of driving under the influence of alcohol, since the blood alcohol concentration was measured at around 16:10, when the blood alcohol concentration was increased.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
(1) A person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) shall be as follows: