자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. (i) On September 30, 2017, the Plaintiff driven a vehicle BK3 on the front of the sports site, gas station, gas station, gas station, air station, etc., where the wife population, Kim Woo-dong, on the following roads: (a) around 21:45, while under the influence of alcohol of 0.104% of the blood alcohol content, the Plaintiff driven a approximately 1km prior road of the sports site, gas station, gas station, gas station, etc. where the wife population, Kim-dong is located
B. On October 19, 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).
On October 25, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on November 29, 2017.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence 8, Eul evidence Nos. 4 through 15, the purport of whole pleadings
2. In full view of the following, the Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, taking into account (i) whether it was lawful of the instant disposition, and (ii) the possibility of the mechanical error of the drinking measuring apparatus, it is difficult to readily conclude that it exceeds 0.1% of the blood alcohol content, which is the revocation criteria, when considering the possibility of the mechanical error of the drinking measuring apparatus, it is difficult to conclude that the Plaintiff exceeded 0.1% of the blood alcohol content, which is the revocation criteria, the
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 specified exclusion requirements.”