자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On June 20, 2017, the Plaintiff driven B rocketing car under the influence of alcohol of 0.189% of alcohol content on blood around 23:46 on June 20, 2017, at the same time, around 500 meters from the mutual influence of the transfer site in Suwon-gu, Suwon-si to the front road of the same water source.
B. On July 7, 2017, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.
On July 24, 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 5, 2017.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 17, 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 drinking without any personal or material injury accident; (iii) the ordinary place of business has used a proxy driving; (iv) actively cooperated with an investigative agency; and (v) the Plaintiff has been working as a pharmaceutical company’s operating staff and thus requires a driver’
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 driving 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 driving under the influence of alcohol exceeds 0.12% of the blood alcohol concentration,