자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On July 23, 2017, the Plaintiff driven a B low-speed car at around about 1 km prior to the right station located in the same Sejong-dong, in front of the mutual influoring restaurant located in the right zone, under the influence of alcohol content of 0.131% of the blood alcohol content of the Plaintiff on July 23, 2017.
B. On August 7, 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, Oct. 24, 2017).
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful since it abused its discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) there was no history of drinking or traffic accident for about 12 years; (iv) the Plaintiff used a substitute driving in the ordinary school; (v) actively cooperated with an investigative agency; and (v) the Plaintiff is a business employee, such as technical assistance in the metal surface processing plant; and (v) the Plaintiff is deemed to require a driver
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.”