1. The plaintiff's claim is dismissed.

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

1. Around 05:00 on July 26, 2017, the Plaintiff driven approximately 4 km from 05:121% of the blood alcohol concentration to 0.121% on July 26, 2017.

B. On August 8, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Nov. 1, 2017).

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, 4, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) the Plaintiff actively cooperated with an investigative agency; and (iv) the Plaintiff is working in a company as a business position and requires a driver’s license for business

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when operating a vehicle in a drunken state (not less than 0.1% of blood alcohol level) shall be determined on the basis of the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified requirements for exclusion.” One of the requirements for exclusion from mitigation, where a person drives a vehicle in the blood alcohol level exceeding 0.12% among the requirements for exclusion from mitigation, the person who causes a personal traffic accident while driving under influence.