자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On November 6, 2017, the Plaintiff: (a) while under the influence of alcohol with a blood alcohol content of 0.153% at around 22:30 on November 6, 2017, the Plaintiff driven the B low-priced car at around 30 meters on the road in front of the right line C at Suwon, and caused a physical damage resulting from shocking other vehicles.
B. On November 24, 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 II common).
On December 11, 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 26, 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 sent the substitute engineer on the day of the instant case to the place of residence; and (iii) drive a short distance for moving parking; (iv) there was no traffic accident or drinking driving record for about seven years; (v) actively cooperated with the investigation agency; and (v) the fact that the driver’s license is necessary for the performance of duties and family life while holding office as a company member; and
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