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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 disposition;
A. On February 26, 2004, the Plaintiff acquired a driver’s license (class 1 common), and was discovered while driving under the influence of alcohol of 0.120% on March 26, 2008, and the driver’s license was revoked on May 5, 2008. On October 14, 2009, the Plaintiff was self-employed.
B. On July 28, 2019, the Plaintiff was under the influence of alcohol at around 17:58, and around 0.186% of alcohol level, the Plaintiff driven a B car (BM) at a distance of about 3 km from the Sungdong in Gangdong-gu, Seoul to the sericultural zone in Songpa-gu to the sericultural zone in Songpa-gu. (hereinafter “instant drunk driving”), and received the vehicle ahead of it.
C. On August 22, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 9, 2019, but was dismissed on October 22.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 13]
2. Whether the instant disposition is lawful
A. In light of the overall circumstances, such as the fact that the Plaintiff’s assertion relatively short distance is short, the use of a flat driving and actively cooperate in the investigation, the driver’s license is absolutely necessary, and the need for family support, etc., the instant disposition exceeded the scope of discretion or abused discretion.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
(1) A commissioner of a district police agency shall revoke and suspend a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falling under any of the following subparagraphs: