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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (i) On May 28, 2017, the Plaintiff driven a coos car owned by itself while under the influence of alcohol of 0.156% on blood alcohol level around 23:50 on May 28, 2017, and proceeded along two lanes prior to the 350-6 sub-section 2nd line in the direction of Gwangju City Council, and was faced with the accident of successively shocking the boundary of the friscopon and the adjacent dicks on the right edge.
B. On June 15, 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.
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Aug. 31, 2017).
[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1, Eul evidence 4 through 15, the purport of whole pleadings
2. (i) Whether the instant disposition is legitimate, the Plaintiff asserted that the instant disposition is unlawful as it deviates from and abused discretion, and it is not necessary to revoke the instant disposition, considering the following as a whole: (i) the Plaintiff, while drinking and drinking alcohol on the day of the instant case, had a substitute driver and staying home, had the substitute driver set up a vehicle in the outer area and left home; (ii) the vehicle that is passing at night due to the Plaintiff’s damage to the vehicle, etc., caused the danger of the accident to the vehicle; and (iii) the driver’s license as a farmer is essential; and (iv) there was no past history of the drinking driving in the local community as well as the service and donation in the local community for a long time; and (v) the officers of various organizations have been assigned to the officers of various organizations.
According to Article 93 (1) 1 of the Doll Road Traffic Act and Article 91 (1) 28 of the Enforcement Rule of the same Act, when a person drives a vehicle in the state of drunken (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the cancellation of the license.