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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 April 27, 2008, the Plaintiff is in violation of the prohibition of drunk driving by driving a motor vehicle under the influence of alcohol with 0.08% alcohol level on September 5, 2009, 0.102% of blood alcohol level on September 5, 2009, and 0.063% of blood alcohol level on April 15, 2013.
B. On April 1, 2018, the Plaintiff driven a C-car under the influence of alcohol with a blood alcohol level of 0.103% at the front of Gangnam-gu Seoul, Seoul.
C. On May 14, 2018, the Defendant issued a notice of revocation of the Class 2 ordinary vehicle driver’s license (hereinafter “instant disposition”) to the Plaintiff on May 14, 2018, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%.
【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1, 3 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.
1) While the Plaintiff was staying home with a substitute driver, the Plaintiff merely driven 10 meters away from the road edge in order to prevent the danger of road traffic on the wind that he left without setting up a vehicle at the place specified in Article 1-2(b). Thus, the Plaintiff’s act of drinking alcohol does not constitute an emergency evacuation and is not subject to sanctions. (ii) In light of various circumstances, such as the distance of the Plaintiff’s driving is short and there is room for taking into account the motive, the instant disposition was excessively harsh and abused discretion.
B. 1) The following facts can be acknowledged in full view of the purport of the arguments in Gap's evidence Nos. 6, 7, and 8, Eul's evidence Nos. 7 and 8, and the entire pleadings as a result of video verification. (A) The plaintiff was returning home together with a substitute driver.