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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 October 4, 2018, the Plaintiff acquired a driver’s license (Class I ordinary) and is an insurance solicitor.
B. On May 13, 2019, at around 21:51, the Plaintiff driven D SP car at a distance of about 3 km from the roads near Yongsan-gu, Busan-si to the roads front of the C building located in Ildong-gu B in Ilyang-si (hereinafter “instant drunk driving”).
C. On May 30, 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 29, 2019, but was dismissed on October 15.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 10]
2. Whether the instant disposition is lawful
A. In light of all circumstances, such as the fact that there was no personal injury caused by the pertinent drinking driving, the active cooperation in the police investigation, and the fact that the driver’s license is absolutely necessary, the instant disposition exceeded the scope of discretion or abused discretion.
(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under 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 any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall include all scope of a driver's license in accordance with
(b).