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. At around 22:30 on December 10, 2019, the Plaintiff driven a DNA car with a blood alcohol concentration of about 0.074% in the section of about 4 km from the front of a mutually influent restaurant in the two sides of the wife population, to the front road of a gas station located in Gan-si in the wife population B.
B. Meanwhile, on November 25, 2010, the Plaintiff was revoked the driver’s license on the ground that he/she driven a motor vehicle while under the influence of alcohol 0.105%.
C. On January 7, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had a driving record under the influence of drinking (hereinafter “instant disposition”). D.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 9, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s duties that ought to be met at any time at the logistics center scattered in each region of the gist of the Plaintiff’s assertion, the Plaintiff’s driver’s license is essential due to the nature of the Plaintiff’s duties, the Plaintiff is currently against and again going to not drive alcohol, and the blood alcohol concentration does not exceed 0.1%, and there was no history of personal traffic accidents or force of drinking driving at least three times during the past five years, and thus, the instant disposition constitutes grounds for mitigation under the Enforcement Rule of the Road Traffic Act, since it is too harsh to the Plaintiff, it should be revoked.
B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the Addenda (Act No. 16037, Dec. 24, 2018) of the Road Traffic Act and Article 2 of the Addenda (hereinafter collectively referred to as the “instant legal provision”) of the Road Traffic Act are those who drive under the influence of alcohol after June 30, 201.