자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (1) On August 29, 2017, at around 00:28, the Plaintiff driven a 15km-ro 922, Namdong-gu, Incheon, Namdong-gu, and at the center of the central point of the CU Tcom, approximately 5 km-ro 1096, from the roads north-gu, Incheon, Seogyeong-gu, Busan to the end of the 1096 U.S., under the influence of alcohol content 0.135% of alcohol content.
B. On October 10, 2017, 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 1 common and class 2 common).
On November 16, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on January 9, 2018.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 16, 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 driving without an accident; (iii) the Plaintiff was not a substitute driving on the day of the instant case; and (iv) the Plaintiff was under the influence of alcohol due to an erroneous judgment and error on the one hand; (iv) actively cooperated with the investigation agency; and (v) the company is in charge of business and delivery in the company, and thus
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 a vehicle 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 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 causing a traffic accident and arresting an escape driver and does not meet the requirements for exclusion.”