자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (1) On April 4, 2018, the Plaintiff was under the influence of alcohol (0.06% of blood alcohol concentration) and was subject to a disposition of suspension of driver’s license for 100 days. However, on July 3, 2018, the period of suspension of the license ( August 27, 2018, the expiration date) was revealed to be approximately 1.2 km in front of the road located in Ansan-si Da in Ansan-si Da in the front of the instant apartment.
B. On July 23, 2018, the Defendant rendered the instant disposition to the Plaintiff on the basis of Article 93(1)19 of the Road Traffic Act, which revoked the driver’s license (class 1 common).
Applicant filed an administrative appeal with the Central Administrative Appeals Commission on August 6, 2018, against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said administrative appeal on September 11, 2018.
【Facts without dispute over the grounds for recognition, Gap evidences 1 through 4, Eul evidences 1 through 10, 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 a mere unauthorized driver without an accident; (iii) the Plaintiff actively cooperated in the police investigation; and (iv) the fact that the Plaintiff is in office as a company member and requires a driver’s license for
According to Article 93(1)19 of the Luxembourg Road Traffic Act and attached Table 28 of Article 91(1) of the Enforcement Rule of the same Act, when operating a vehicle during the period of a driver's license shall be determined as individual standards for revocation of license, and where it is deemed that the application of individual standards for revocation of license is remarkably unreasonable due to extenuating circumstances, the individual standards for revocation of license shall be reduced to 110 points.
There is no reasonable reason to recognize the above revocation criteria as significantly unfair, and today's automobile becomes a mass means of transportation and accordingly the driver's license is issued.