The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On April 30, 2020, at around 01:53, the Plaintiff, while under the influence of alcohol of 0.198% on the roads in front of Nowon-gu, Seoul Special Metropolitan City, driven a CFD car with a blood alcohol level of 0.198%, and shocked the driver behind the taxi which was parked on the front line of the CFD (hereinafter “instant drunk driving”). As a result, the Plaintiff sustained injury to the driver of the said taxi due to approximately two weeks of medical treatment.

On May 22, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I common) on the ground that the Plaintiff caused the instant traffic accident with one light person while driving the instant motor vehicle.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 10, 2020, but was dismissed on July 7, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 6, 8, Eul evidence Nos. 1 through 10, and Eul evidence Nos. 1 through 10, and the purport of the entire pleadings as to the disposition of this case is legitimate, the plaintiff's measurement was conducted at the time when 60 minutes of the plaintiff's assertion after drinking alcohol, and it seems that the blood alcohol concentration at the time increased.

Therefore, since the blood alcohol concentration is far lower than that of the blood alcohol level, the instant disposition was erroneous by mistake.

In light of the fact that a substitute driver was unable to drive a vehicle in a place different from a destination, and that the Plaintiff was driving the instant vehicle to properly park the vehicle, the damage of the instant traffic accident is minor, the Plaintiff’s driver’s license is essential to visit the site, and the driving is an important means to maintain his family’s livelihood, and the disposition of the instant case faces economic difficulties, the instant disposition is unlawful as it is against the law as it deviates from and abused the scope of discretion.

Judgment

The point of time of determining the mistake of facts.