The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. On June 29, 2009, the Plaintiff driven a B-car under the influence of alcohol content of 0.134% in blood, and caused a traffic accident while driving a C-car under the influence of alcohol content of blood on September 9, 2013.

B. On October 2, 2020, the Plaintiff driven a F-car on the road front Eart located in Kim Jong-si, while under the influence of alcohol content of 0.079% during blood.

(c)

On October 20, 2020, the Defendant issued a disposition revoking the Plaintiff’s Class 1 driver’s license on the ground that the Plaintiff had driven a drinking twice or more times (hereinafter “instant disposition”).

(d)

On November 4, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative adjudication on November 4, 2020, but the Central Administrative Adjudication Committee dismissed the Plaintiff’s administrative appeal on December 15, 2020.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1 and 5, Eul evidence Nos. 1 and 1 through 13, and the plaintiff's assertion as to the legitimacy of the disposition of this case is unlawful since the plaintiff's assertion was made to drive a drinking on the wind that does not completely shoulder the drinking of the preceding drinking, the plaintiff supports a mother who is a person with disabilities with old age's delay, as cargo driver, and the driver's license was the sole means of living, and there was no physical damage due to the plaintiff's driving of drinking. The disposition of this case is unlawful since it exceeded the scope of discretion or abused discretion.

Judgment

Article 93 (1) (proviso) and Article 93 (2) (2) of the Road Traffic Act provide that the revocation of a driver's license shall be made in cases where a person who drives a drinking alcohol drives again and falls under the grounds for suspension of a driver's license.

According to the above facts, the plaintiff's driving license was a ground for the suspension of the driver's license by driving once again under the influence of driving under the influence of alcohol. Thus, the defendant must revoke the plaintiff's driver's license in accordance with the above legal provisions, and discretion as to whether to revoke the driver's license.