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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 June 27, 2019, at around 22:35, the Plaintiff driven a D vehicle under the influence of alcohol level of 0.065% in the street before the Daejeon Empt B (hereinafter “instant drinking”).
B. On July 11, 2019, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff had been driving under influence of alcohol in the past.
C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on December 17, 2019.
On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.
[Judgment of the court below] The court below erred by misapprehending the legal principles of evidence No. 1 to No. 3 and No. 5
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff’s assertion that the drinking driving of this case interfered with the flow of traffic or did not cause any traffic accident, the distance of the Plaintiff’s driving is about 20 meters, the Plaintiff’s active cooperation in the investigation of drinking driving after the drinking driving of this case, the Plaintiff is operating a motor vehicle maintenance business, and at night, the Plaintiff is in need of the operation of the motor vehicle on duty as an insurance company’s emergency duty, and there are family members to support the motor vehicle, etc., the instant disposition was abused or abused the discretion by excessively harshing the Plaintiff.
(b) as shown in the attached Form of the relevant statutes;
C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, the commissioner of a district police agency, in a case where a person who was discovered as a drunk driver or a refusal to take a alcohol level again drives his/her motor vehicle and thereby