Text
1. Class I driver’s licenses for ordinary vehicles, Class II driver’s licenses for ordinary vehicles, and Class II driver’s licenses for the Plaintiff on October 29, 2018.
Reasons
Details of the disposition
On October 3, 2018, at around 02:03, the Plaintiff driven a fDIO125-wheeled vehicle in the section of about 1 km to the intersection of the E point, where the Plaintiff was under the influence of alcohol of 0.107% of blood alcohol level, on the street of Soyang-gu, Soyang-gu B and Cju store, Goyang-si D.
(hereinafter “Drinking Driving”). On October 29, 2018, on November 23, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class I driver’s license for ordinary vehicles, class II driver’s license for small vehicles, and class II driver’s license for motor vehicles) on the Plaintiff.
(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition is unlawful in light of the following facts: (a) there is no dispute; (b) Gap evidence Nos. 1 and Eul evidence Nos. 1, 4, 5, and 10; and (c) the purport of the entire pleadings as to the legitimacy of the instant disposition; and (d) the Plaintiff’s assertion as to the legitimacy of the instant disposition, the Plaintiff’s assertion that the Plaintiff maintained his/her livelihood with his/her occupation and operates his/her vehicle every day due to the characteristics of the vehicle following the accusation; (b) when the driver’s license is revoked, it is difficult to maintain his/her family’s livelihood; and (c) the Plaintiff’s blood alcohol concentration exceeds 0
It is as shown in the attached Form of the relevant statutes.
Judgment
Article 91(1) and [Attachment 28] of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 90, Dec. 31, 2018); “The criteria for the disposition to revoke driver’s license” are the criteria for the discretionary exercise of sanctions against those who are in violation of the prohibition of driving under the influence of alcohol, based on the blood alcohol concentration as the main standard at the time of the violation. In principle, the revocation of license is granted in cases where the blood alcohol concentration is under the influence of at least 0.1% of alcohol concentration at the time of the violation, while the sanctions are mitigated in cases where the operation becomes an important means to maintain their family’s livelihood, but the degree of blood alcohol concentration is 0.12%.