자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On June 29, 2017, the Plaintiff driven a car owned by himself under the influence of alcohol content of 0.146% on the blood alcohol level around 22:00 on the 13th day of Ansan City, Annsan City, while driving approximately 10 meters on the roads front of 201 dong on the 201-dong Road.
B. On July 26, 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).
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Sep. 5, 2017).
【Facts without dispute over the grounds for recognition, Gap’s 1, 2, 3 evidence, Eul’s 4 through 15, the purport of the whole pleadings
2. The plaintiff asserts that the disposition of this case is legitimate, considering the following: (i) the plaintiff used the designated driver on the day of the case; (ii) the person who used the designated driver on the day of the case; (iii) the person who used the designated driver on the day of the case after drinking alcohol; and (iv) around 3 meters away from the end of the apartment at the entrance of the apartment; and (iv) the person who used the parked vehicle was subject to the drinking control by taking account of the fact that the accident was brought about as a result of active cooperation with the investigation agency; and (v) the driver's license is required for family life while running his own
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 shall 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.”