1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff was under the influence of alcohol level of 0.074% on September 12, 2005, and was under the influence of alcohol level of 0.074% on September 19, 2008, and was under the influence of alcohol level of 0.08% on September 19, 2008.

On February 3, 2020, at around 21:20, the Plaintiff driven a Cmea car while under the influence of alcohol leveling 0.058% of alcohol level on the front road of Jung-gu Seoul Metropolitan Government.

(2) On February 14, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that “the person who drives a motor vehicle with a drinking alcohol re-driving that constitutes a cause for suspending the driver’s license” (hereinafter “instant disposition”).

On February 28, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 28, 2020.

[Grounds for recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 3, 8, 10, Eul's evidence Nos. 1 through 8, and Eul's overall purport of the argument as to the legitimacy of the disposition of this case, the plaintiff's blood alcohol concentration of the plaintiff's assertion as to whether the disposition of this case is legitimate, the depositee falling under the suspension of a license, the power of drinking driving prior to 14 years, the plaintiff's vehicle driver's license is necessary and driving is an important means to maintain the family's livelihood, and the disposition of this case is unlawful

Judgment

First, Article 2 of the Addenda to the former Road Traffic Act (amended by Act No. 16652, Nov. 26, 2019) provides that the frequency of violations for the purpose of applying Article 93(1)2 of the amended Road Traffic Act shall be calculated from the date of June 30, 201. Accordingly, each act of drinking driving done by the plaintiff around 2005 and around 2008 shall be included in the calculation of the frequency of violations.

Next, Article 93 (1) 2 of the Road Traffic Act is under the influence of the Commissioner of the Local Police Agency.