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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 September 12, 2002, the Plaintiff acquired a driver’s license (Class 1 ordinary) on September 12, 2002, and subsequently was discovered while driving under the influence of alcohol with a 0.089% alcohol level. On May 16, 2008, the Plaintiff acquired a driver’s license on April 23, 2007 (Class 1 large). On May 16, 2008, the Plaintiff was discovered while driving under the influence of alcohol with a 0.084% alcohol level while discovered while being drunk, and the driver’s license was entirely revoked on November 3, 2013 (Class 1 large).
B. On April 4, 2020, the Plaintiff, while under the influence of alcohol at 0.149% of blood alcohol level around 21:15, driven a E-Poter truck (hereinafter “instant drinking driving”) at a distance of about 10 km from the front of the road in Gyeonggi-gun B to the front of D, the Plaintiff’s house.
C. On April 23, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
On May 12, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.
6.30. The dismissal was made.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]
2. Whether the instant disposition is lawful
A. The instant disposition exceeded the scope of discretionary power or abused discretionary power when considering all circumstances, such as the fact that the Plaintiff asserted that there was no personal or physical damage caused by the pertinent drunk driving, and that actively cooperated in the police investigation, the fact that the driver’s license is absolutely necessary due to the nature of his duties as a cargo driver, and the household condition.
(b) Article 44 (Prohibition on Driving Motor Vehicles while Intoxicated) (1) of the Road Traffic Act shall include any motor vehicle, etc. while under the influence of alcohol (including construction machinery, other than construction machinery under the proviso to Article 26 (1)
This Article, Articles 45, 47, and 93 (1) 1 through 1.