beta
Text
1. Class II of the revocation of driver's license granted by the Defendant to the Plaintiff on August 22, 2014.
Reasons
1. Details of the instant disposition
A. On November 15, 1990, the Plaintiff acquired a Class 2 motorcycle driver’s license, March 20, 1995, Class 1 ordinary driver’s license, and August 2, 2003, Class 2 driver’s license (license number: B).
B. On August 4, 2014, while under the influence of alcohol at around 23:00, the Plaintiff driven SM5 car on the front road located in Mapopo City C, and was found to police officials, and performed a drinking measurement according to the respiratory method, the blood alcohol concentration was measured by 0.106%, and the blood alcohol concentration was measured by blood testing conducted at the Plaintiff’s request at 0.134%.
C. On August 22, 2014, the Defendant issued the instant disposition revoking the Plaintiff’s license for Class 1 ordinary, Class 2 motorcycles, and Class 2 driver’s license for small vehicles under Article 93(1)1 of the Road Traffic Act on the ground of the above drunk driving.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 13, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) It is unlawful to revoke a Class 2 driver’s license that allows only 250cc motors to drive on the ground of the fact that the Plaintiff was found to have driven a MF5 car while under the influence of alcohol. 2) Considering the fact that the Plaintiff’s blood alcohol concentration at the time of collecting blood seems to have reached the highest level, it is difficult to readily conclude that the Plaintiff’s blood alcohol concentration reaches 0.134%.
3. Although the Plaintiff filled the cell phone exhauster with the cell phone exhauster and tried to communicate with the substitute driver, the Plaintiff’s license is necessarily required for a driver’s license to drive inevitably due to the need for prompt and rapid transfer of low blood transfusions arising from a sudden urology. The Plaintiff’s business of receiving a customer’s loan in lieu of a financial institution and delivering it at the place designated by the customer. If the driver’s license is revoked, the Plaintiff’s license is required.