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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 February 13, 2019, around 21:35, the Plaintiff driven a D car while under the influence of alcohol leveling 0.102% of alcohol level from the front of the B commercial building to the front of the C building at the same time.
B. On March 15, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I large-scale vehicle) on the ground of the foregoing drunk driving pursuant to Article 93(1)1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (hereinafter “instant disposition”).
C. On March 28, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on April 23, 2019.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 15, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s summary of the Plaintiff’s assertion is short of the driving distance, and the instant drinking driving obstructed traffic flow or did not cause any traffic accident.
The plaintiff used the ordinary driving, and the proxy driver was absent at the time, but the driver was not assigned, so he was engaged in the drinking driving, and actively cooperate in the investigation after detection.
Since the Plaintiff’s occupation is a printing position, and the distance from the residence to the workplace is essential for the Plaintiff’s driver’s license to perform his/her duties, when his/her driver’s license is revoked, the Plaintiff may not retire from the current working day and seek another work.
The plaintiff supports the attached and satis, and is also economically difficult to do so.
Considering the above circumstances, the instant disposition was unlawful as it deviates from and abused discretion.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The issue of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is intended to be achieved by the content of the offense as the grounds for the disposition and the relevant disposition.