자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On October 25, 2017, the Plaintiff driven a Brentoon car at approximately 100 meters prior to Singuk-si, a 517-day, in front of the mutual influence store in Singuk-si, under the influence of alcohol content of 0.191% of the blood alcohol content around 03:11.
B. On November 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 I common).
On November 29, 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 and abused it, comprehensively considering the following: (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 eight years; (iv) the Plaintiff used a substitute driving in the ordinary school; (v) the investigation agency actively cooperate with the investigation agency; and (v) the Plaintiff actively cooperates with the agency; and (v) the Plaintiff’s license is necessary for the performance
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 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 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 a person who has received an official commendation from the chief of a police station by causing a traffic accident and arresting an escape driver, and does not meet the specified