1. The plaintiff's claim is dismissed.

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

Details of the disposition

On January 10, 2018, the Plaintiff driven a vehicle while under the influence of alcohol of 0.071%.

On November 29, 2019, at around 00:11, the Plaintiff driven C K5 vehicle while under the influence of alcohol level of 0.056% on the front of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant drinking”).

On December 20, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that “the person who drives a motor vehicle while driving a motor vehicle is driving a motor vehicle again falling under the grounds for suspending the driver’s license” (hereinafter “instant disposition”).

On January 14, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 21, 2020.

[Reasons for Recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 6, and the purport of the entire argument as to legitimacy of the disposition of this case, the traffic accident did not occur due to the drinking driving of this case by the plaintiff's assertion as to legitimacy of the disposition of this case, the distance of drinking driving of this case is only 4 to 5km, the plaintiff actively cooperates in the investigation into drinking driving, the plaintiff's driver's license as a business member is necessary, and the driving is an important means to maintain the family's livelihood, the disposition of this case

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 may have discretion to choose whether to cancel the driver's license.