1. The plaintiff's claim is dismissed.

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

Details of the disposition

On December 26, 2008, the Plaintiff had a record of driving under the influence of alcohol with 0.130% alcohol level.

On August 25, 2019, at around 05:29, the Plaintiff driven B low-speed passenger cars with a blood alcohol concentration of 0.042% while under the influence of alcohol at the front of C in light of light (hereinafter “instant drinking”).

On September 24, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I large vehicle) pursuant to Article 93(1)2 of the Road Traffic Act on the ground of the instant drunk driving (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 17, 2019, but was dismissed on November 12, 2019.

[Grounds for recognition] In light of the facts without dispute, Gap's evidence Nos. 5, 10, 15, 16, and Eul's evidence Nos. 1 through 9 (including virtual numbers), the overall purport of the pleadings, and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the disposition of this case was to maintain livelihood through the plaintiff's operation of a taxi or village bus after closure of the company for which the plaintiff asserted that the disposition of this case was legitimate, but the disposition of this case was faced with economic difficulties, the plaintiff was controlled when intending to make a punishment together with children on the new wall after drinking alcohol on the preceding day, and there were circumstances to consider the situation of the operation, and is a person with physical disability in the upper function, and the fine was partially reduced. Thus, the disposition of this case is unlawful as it deviates from and abused the scope of discretion.

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall cancel the driver's license for the person who has driven at least twice, and the commissioner of a district police agency shall cancel it.