자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around 22:00 on December 14, 2017, the Plaintiff driven a B low-end car with a alcohol content of 0.132% at the same time under the influence of alcohol around 22:0 on December 14, 2017, up to approximately 500 meters in front of the Hancheon-si Pungcheon-dong Commercial Area in a water-based city city where he/she is allowed to drive a car with B low-priced Pa
B. On January 2, 2018, 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 large, Class I common, and Class I common).
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Mar. 6, 2018).
【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 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 merely a simple drunk driving without an accident; (iii) actively cooperate with an investigation agency; and (iv) the bus driving for transporting personnel at the disaster scene of administrative vehicles; and (iv) the Plaintiff’s driver’s license is required for carrying out business
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%.