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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 24, 1981, the Plaintiff obtained Class I driver’s license and Class I driver’s license on January 18, 1984. On March 4, 1994, the Plaintiff was revoked the driver’s license on July 4, 1995. On January 4, 1995, the Plaintiff acquired Class I driver’s license on July 4, 1995, and Class II driver’s license on January 4, 1996. However, on October 19, 205, the Plaintiff was revoked the driver’s license and was punished twice on June 5, 2016 and August 22, 2016.
B. On September 5, 2017, the Plaintiff acquired a Class II ordinary driver’s license (B), Class I ordinary driver’s license on September 8, 2017, and around March 25, 2019, around 15:10, the Plaintiff caused a traffic accident in which the Plaintiff, while under the influence of alcohol 0.133% from the latter part of the Gwangju International Court to the lower end of the Sinnam-si, Gwangju Special Metropolitan City, he was driving approximately 20km of the D package 2 truck under the influence of alcohol 0.13% in blood alcohol level from the latter part of the 66th metropolitan city to the lower end of the Sinnam-si.
C. On April 2, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).
The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on April 30, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff did not cause harm to others through the drinking driving of this case. The plaintiff was driven on an exemplary basis without any particular accident for 30 years, and the plaintiff paid 5 million won, 300,000 won per month, and 5 million won per month, while living on the half and underground, and supported his family by using the vehicle as a daily worker, and therefore the driver's license is essential for maintaining his/her livelihood.