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Reasons
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(영문) 수원지방법원 2014.12.17 2014구단3130
자동차운전면허취소처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 18, 2011, the Plaintiff acquired Class 1 ordinary car driving license (license number B).

B. On June 6, 2014, at around 03:15, the Plaintiff driven a vehicle while under the influence of alcohol at approximately 300 meters from the front road of the Seocheon-gu Seoul Middle School to the same Gu D apartment underground parking lot.

C. The Plaintiff, after driving as above, went to the Seocheon-gu D apartment 101 Dong 903, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. As a result of a measurement, the blood alcohol level was 0.226%.

On July 14, 2014, the Defendant issued a disposition to revoke the Plaintiff’s above driver’s license (hereinafter “instant disposition”) on August 10, 2014 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff.

E. On August 20, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was subject to the dismissal ruling on October 28, 2014.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. (1) The Plaintiff’s assertion (1) If a police officer, who asserted the absence of the grounds for disposition, conducted a drinking test at the entrance of the Plaintiff’s apartment site, was not subject to the grounds for revocation of driver’s license, such as this case, at least, and the blood alcohol level corresponding to the grounds for revocation of driver’s license of this case was due to the Plaintiff’s arrival

(2) In light of various circumstances, in light of the Plaintiff’s deviation and abuse of discretion, the instant disposition is excessively harsh to the Plaintiff, and is unlawful by deviation and abuse of discretion. (3) The instant disposition is unlawful. (4) The Plaintiff’s deviation and abuse of discretion.

B. (1) Judgment is rendered prior to the determination of the absence of grounds for disposition, and in particular, the Incheon District Court.

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