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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. The Plaintiff is a company member. On July 22, 2009, the Plaintiff acquired a driver’s license (class 1 common), and was discovered while driving under the influence of alcohol 0.179% on January 16, 2016, and the driver’s license was revoked on March 7, 2016, and on May 13, 2017.
B. On July 14, 2019, at around 05:30, the Plaintiff driven a C-car (K5) at a distance of about 1m on the front side of the Southern-si, Namyang-si, with a alcohol level of about 0.207%, while under the influence of alcohol at around 05:30,019 (hereinafter “instant drunk driving”).
C. On August 13, 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 August 28, 2019, but was dismissed on October 1.
[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 short distance to the Plaintiff’s assertion, the fact that there is no personal or material injury caused by the drinking driving of the instant case, the use of a usual driving and active cooperation in the investigation, and the need for family support, etc., the instant disposition exceeded the scope of the discretion or abused discretionary power.
(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;
Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall