자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On May 4, 2018, the Plaintiff driven approximately KRW 7 km on the front road of the F store located in Overcheon-si E at D facilities located in Overcheon-si, while under the influence of alcohol of 0.124% of the blood alcohol content on May 4, 2018.
B. On May 17, 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 21, 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 17, 2018.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 17, the purport of the whole pleadings
2. (i) The Plaintiff asserts that the instant disposition is lawful, in full view of the following: (i) the Plaintiff was engaged in driving service in good faith without any error for about 25 years; (ii) the mere mere driving without an accident; (iii) the D Facilities Management Department and Public Offices (Facilities Maintenance Board); and (iv) the driving license is required for family life and family life; and (iv) the instant disposition is in an economically difficult situation; and (v) the spouse suffers from depression, and thus, it is unlawful and should be 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 may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transportation service 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.”