1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On October 11, 2019, at around 00:12, the Plaintiff driven CMW passenger cars with a blood alcohol concentration of 0.149% at the front of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant drunk driving”).

On October 24, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 17, 2019, but was dismissed on February 4, 2020.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7, and the purport of the whole pleadings as to whether the disposition of this case is legitimate or not the plaintiff's substitute driver parked in a way that obstructs the passage of other vehicles. The plaintiff's substitute driver parked in a way that obstructs the passage of other vehicles. The security guards and residents demanded the movement of vehicles to operate the degree of 5

The plaintiff's drinking driving of this case constitutes an emergency evacuation.

In light of the fact that the accident occurred due to the drinking driving of this case, the distance of the drinking driving of this case is only five meters, the plaintiff actively cooperates in the investigation of the drinking driving of this case, the plaintiff has no record of driving under the influence of alcohol, the plaintiff's driver's license is essential as an accountant, the driving is an important means to maintain his family's livelihood, and the disposition of this case faces economic difficulties, etc., the disposition of this case is unlawful as it is against the law.

Judgment

Emergency evacuation under Article 22 (1) of the Criminal Act refers to an act that has considerable reason to avoid the current danger to his/her or other person's legal interests, and in order to constitute "an act with considerable reason", first, escape act is the only means to protect the legal interests in danger, and second, it is the minor for the victim.