자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On June 17, 2017, the Plaintiff driven a car B in the form of alcohol of 0.121% of alcohol content at 02:27 on June 17, 2017, with approximately 150 meters prior to the Domo-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-si.
B. On June 30, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class II common).
On July 20, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on September 12, 2017.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 12, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) the Plaintiff used a proxy driving in the ordinary school; (iv) actively cooperated with an investigative agency; and (v) the Plaintiff is running insurance-related business; and (v) the driver’s license
According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when operating under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher for at least three years at the time of the disposition as an exemplary driver, or who has been given an official commendation by the chief of a police station or higher by causing a traffic accident, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, when operating under the influence of alcohol exceeding 0.12%.