(영문) 청주지방법원 2015.12.10 2015구합11832

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(영문) 청주지방법원 2015.12.10 2015구합11832

자동차운전면허취소처분취소

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1. The plaintiff's main claim is dismissed.

2. Class II small products that the Defendant had against the Plaintiff on August 7, 2015.

Reasons

1. Details of the disposition;

A. On March 19, 2002, the Plaintiff acquired a Class I ordinary driver’s license, and on July 25, 2003, the first class ordinary driver’s license was revoked on November 18, 2004, the first class large driver’s license on December 15, 2005, and the second class small driver’s license on October 8, 201.

B. On August 7, 2015, the Defendant revoked all the Plaintiff’s first-class large driver’s licenses, first-class ordinary drivers’ licenses, and second-class small driver’s licenses on the ground that the Plaintiff driven a BSP car (hereinafter “instant car”) with a alcohol level of 0.149% at the uppermost distance of the CSP high school in Ansan-dong, Chungcheongnam-dong, Seoul, on July 25, 2015, on the ground that the Plaintiff driven a CSP car with a blood alcohol level of 0.149% in front of the CSP high school in Ansan-dong.

(hereinafter “instant disposition”). C.

On August 20, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on September 15, 2015.

[Ground of recognition] The facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 13 (including the number with each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff’s primary claim terminated drinking around July 24, 2015. The Plaintiff’s primary claim terminated drinking on July 24, 2015. From around 00:10 on July 25, 2015 to around 1:00 on the driving hour, to around 00:10 on July 25, 2015, the Defendant’s revocation of the Plaintiff’s primary claim for the instant disposition is unlawful in view of the following: (a) the Plaintiff’s past history of exposure to drinking driving is only one time; and (b) the Plaintiff’s history of exposure to drinking driving is essential to the Plaintiff’s livelihood; and (c) the instant disposition is unlawful in light of the following: (a) the instant passenger’s second-class driver’s license for a vehicle that cannot drive with a second-class and second-class driver’s license for a small-class driver is not related to the Plaintiff’s license for the second-class driver; and (b) the Defendant’s revocation of the instant vehicle.

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