자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 23, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 ordinary and Class 2 motorcycle) as of September 4, 2016, on the ground that the Plaintiff had two-time alcohol records (0.061% of blood alcohol level on October 30, 2009, and 0.062% of blood alcohol level on February 28, 2016) but on July 19, 2016, the Defendant was under the influence of 0.068% of blood alcohol level on the front side of C at macrosisi-si (hereinafter “instant disposition”).
On September 23, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 8, 2016.
[Reasons for Recognition] Evidence No. 13, Evidence No. 13, Evidence No. 1, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the Plaintiff’s assertion that the Plaintiff was in charge of emergency vehicle driving, etc. at the workplace and continued to work in the workplace to maintain his family’s livelihood, the Plaintiff’s driver’s license is essential, and that the Plaintiff was driving a approximately 1m distance upon the Plaintiff’s demand for transfer of parked lebane, and that the instant disposition was unlawful since it exceeded and abused discretionary power.
B. The proviso of Article 93(1)2 of the Road Traffic Act provides that the driver’s license shall be revoked in cases where a drunk driving in violation of Article 44(1) of the Road Traffic Act falls under at least three times, and does not grant discretion as to whether to revoke the driver’s license. Therefore, the defendant must take a disposition to revoke the driver’s license in cases where the driver’s license falls under at least three times, and there is no discretion to take any other measure.
Therefore, the disposition of this case revoking the Plaintiff's driver's license on the ground that the Plaintiff's drinking driving falls under more than three times is likely to be a deviation or abuse of discretion.