자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On February 2, 2018, the Plaintiff driven a car of 2 Spart site B, while under the influence of alcohol of 0.143% of the blood alcohol content at around 03:05, on the one hand, around the Hanyang apartment, which is located in the inciting the right section at the time of Suwonwon, approximately 1 km from the Hanyang apartment to the road front of the Suwon bus Terminal of 1189.
B. On February 9, 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 common).
On February 22, 2018, 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 April 10, 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 drinking without an accident; (iii) there is no traffic accident or alcohol driving force for about 15 years; (iv) the use of a usual driving; (v) the active cooperation with an investigative agency; and (v) the fact that the Plaintiff works in a small and medium enterprise located at a distance away from his/her residence; and (v)
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.”