자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On August 4, 2017, the Plaintiff driven, at around 22:24, a blood alcohol concentration of 0.183%, a vehicle B, while under the influence of alcohol, was driven by approximately 300 meters prior to the road front of the public parking lot for viewing Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-gu, Suwon-si, and the public parking lot for viewing 241.
B. On August 18, 2017, the Defendant rendered to the Plaintiff the “instant disposition” that revokes the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.
On August 28, 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 November 1, 2017.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful as it deviates from and abused discretion, considering the following as a whole: (i) whether the instant disposition is lawful; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) the ordinary school used a substitute driving in the investigative agency; (iv) actively cooperated with the investigative agency; and (v) the vehicle maintenance work and the driver’s license is required for family life
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 person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of 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 official by causing a traffic accident and arresting an escape driver, and who has been given an official commendation by the chief 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 is to drive in excess of 0.12% of blood alcohol concentration.