1. The plaintiff's claim is dismissed.

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

1. (i) On October 30, 2016, the Plaintiff driven approximately 2 km from the Dogwon in the front of the F station in E to the F station in E, while under the influence of alcohol of 0.10% of blood alcohol content on October 30, 2016.

B. On November 17, 2016, 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.

On December 12, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on February 7, 2017.

【Fact-finding without a dispute over the grounds for recognition, evidence of Articles 4 through 15, the purport of the whole pleadings

2. (1) The Plaintiff asserts that the instant disposition is legitimate, considering the following as a whole: (i) the Plaintiff had a history of drinking alcohol once in the past but did not drive under the influence of alcohol for about 18 years thereafter; (ii) the elderly with a disease was gathered at a hospital frequently; and (iii) the Plaintiff is unable to attend school due to a remote distance from the school of elementary school students’ children; and (iv) the Plaintiff’s vehicle needs to be driven. Thus, the instant disposition should be revoked as it deviates from and abused discretion.

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, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) 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 has been given an official commendation by the chief of a police station or higher official by causing a traffic accident and arresting an escape driver, and who has been given an official commendation by the chief of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation is to drive in excess of 0.12% of blood alcohol concentration.