자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On December 6, 2017, the Plaintiff was under the influence of alcohol at around 00:50% of alcohol content, and the Plaintiff was found to have driven a drinking-free car with approximately three meters later on the front road of C at the time of a showing c at the time of a show c, while the Plaintiff was under the influence of alcohol at around 00:50% of alcohol content. The Plaintiff was found to have been exposed to a traffic accident involving physical damage by shocking the part on the back part of the Plaintiff’s vehicle parked in the back.
B. On December 22, 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 I common).
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Mar. 20, 2018).
【Facts without dispute over the grounds for recognition, Gap evidence 19, Eul evidence Nos. 4 through 14, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is engaged in volunteer activities for the community for about ten (10) years ago as a physically disabled person (Grade 6); and (iii) the Plaintiff is engaged in the management of a personal enterprise (exclusive equipment and appliances) and its driver’s license is required for family life; and (iv) the instant disposition is unlawful and revoked.
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, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty points may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by arresting the escape driver and does not meet the specified exclusion requirements.”