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 August 22, 2000, the Plaintiff acquired a Class 1 driver’s license for large vehicle driving.
B. On May 18, 2015, at around 15:30, the Plaintiff was under the influence of driving C vehicles in front of B in a drunken state, and at around 16:04 on the same day, the blood alcohol content was 0.132%.
C. As a result of the Plaintiff’s pulmonary measurement, the Plaintiff’s blood alcohol concentration was 0.176% as a result of collecting blood around 16:46 of the same day, and the Plaintiff’s blood alcohol content was 0.176%.
On July 14, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of August 5, 2015, based on the result of the blood measurement conducted by the Plaintiff.
E. Accordingly, the Plaintiff filed an administrative appeal on July 14, 2015, but the Central Administrative Appeals Commission dismissed it on August 11, 2015.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, 9 through 13, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. It cannot be understood that the difference between the result of a pulmonary measurement on blood alcohol level at the time of the Plaintiff’s alleged drunk driving and the result of blood collection is too large.
At home, there was no accident that caused human and physical damage to the vehicle that has been parked in front of the house after drinking the small amount of cattle at home as well as meals and half week.
It has been exemplary driving experience for 15 years.
The plaintiff and family members are faced with economic difficulties.
If a driver's license is revoked, it is impossible to operate a laundry facility, making it impossible for family support and repayment of loans.
The drinking driving of this case is in profoundly against the driving of this case.
Considering these circumstances, the instant disposition was an error of law that deviates from and abused discretion by excessively harshing the Plaintiff.
B. (i) the blood alcohol concentration; and