자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On May 10, 2018, the Plaintiff driven a B cruise car at approximately KRW 400 meters from the D School located in Seocheon-si C to the roads front of the Ethm of Seocheon-si, in a state of under the influence of alcohol of 00:32% of blood alcohol content.
B. On June 1, 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 large, Class I common, and Class I common).
On June 26, 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 July 27, 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 disposition of this case is legitimate, considering the following as a whole: (i) merely a simple drinking without an accident; (ii) there is no traffic accident or drinking driving force other than two years; (iii) traffic accidents or drinking driving force other than traffic offenses; (iv) ordinarily, an agency driving; (v) actively cooperate with the police investigation; (v) welfare facilities; and (v) sports guidance activities for the disabled persons are conducted for the performance of their duties and family life; and (v) the disposition of this case is unlawful since it abused and abused discretion, and thus, is revoked.
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.”