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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 24, 2013, the Plaintiff, while driving a motor vehicle under the influence of alcohol with a blood alcohol level of 0.090% on the ground that the Plaintiff caused a traffic accident that causes damage to the motor vehicle by failing to secure the safety distance with other motor vehicles prior to driving, and leaves the site without taking any measures, was imposed 125 points (15 points after a non-measures 10 points for securing the safety distance of 100 drinking driving) with the Defendant’s penalty points.
On February 14, 2013, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of March 6, 2013 pursuant to Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff’s total sum of 125 points per year exceeds 121 points per year, which is the criteria for revocation of driver’s license.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 and 4 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion (1) regarding the criteria for disposition to suspend the driver’s license in relation to Article 91(1) of the Enforcement Rule of the Road Traffic Act [Attachment Table 28] [Attachment Table 28] (f)(1)(b) and (2) as to the mitigation of the criteria for disposition to “where the driver is subject to the revocation of the driver’s license due to excess of the penalty point”, where the driver has a history of maintaining his family’s livelihood within the past five years, “where he has been subject to the revocation of the driver’s license,” “where he has caused personal damage on at least three occasions,” “where he has the history of being subject to the revocation of the driver’s license three occasions”, “where he has received the disposition of the driver’s license three times or more, or where the administrative disposition has been mitigated through an administrative appeal or administrative litigation, it shall be mitigated to 110 points