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 March 11, 1992, the Plaintiff acquired a driver’s license (class 1 ordinary) and is a business employee.
B. On September 29, 2019, while under the influence of alcohol at around 18:10, the Plaintiff driven a car with approximately KRW 20 meters at the distance of about 0.194% on the front side of Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “instant drunk driving”). On September 29, 2019, the Plaintiff driven another car parked while driving.
C. On October 18, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
On November 4, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 17, 201.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 13]
2. Whether the instant disposition is lawful
A. In light of the overall circumstances, such as the relatively short distance in the Plaintiff’s assertion, the use of a usual driving and active cooperation in police investigations, and the need for a driver’s license absolutely and family support and economic difficulties, the instant disposition was an abuse of discretion beyond the scope of discretion or discretion.
(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) When 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 subparagraphs, the commissioner of a district police agency shall revoke the driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) or revoke the driver's license (including any driver's license within the scope; hereafter