자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On October 3, 2017, the Plaintiff driven a BMW X6 car at approximately 500 meters on the front road of the D Hospital located in Sungnam-si, Sungnam-si, with the influence of alcohol content of 0.11% at blood alcohol level around 00:07.
B. On October 20, 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 large, Class I common, and Class I common).
On November 8, 2017, 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 January 16, 2018.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 12, the purport of the whole pleadings
2. In full view of the following, the Plaintiff’s disposition of this case is lawful: (i) simply a simple drinking without an accident; (ii) the ordinary place of education uses a substitute driving; (iii) actively cooperate with an investigation agency; and (iv) the driving license is required for the performance of duties and family life in high school; and (iv) the instant disposition is unlawful since it abused discretion and abused it; and (iv) the instant disposition 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, when driving 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 disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher for at least three years at the time of the disposition as an exemplary driver, or who has been given an official commendation by the chief of a police station or higher by causing a traffic accident, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12% of the blood alcohol concentration,