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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 the disposition;
A. On July 7, 2020, the Plaintiff driven a CK7 car under the influence of alcohol level of 0.042% in the blood alcohol level on the front of the B B before Heung-si around 22:35 on July 7, 2020, and caused injury to the victim, who is the driver, by breaking the central line, such as catum salt, tension, etc. requiring approximately three weeks medical treatment.
B. On August 21, 2020, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 large, Class 1 ordinary, and Class 1 large towing driver’s license (hereinafter “instant disposition”) on August 21, 2020, on the ground that the Plaintiff caused a traffic accident while under the influence of alcohol and caused injury to others (hereinafter “instant disposition”).
(c)
The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on September 22, 2020.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 16, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that the Plaintiff’s blood alcohol level alone constitutes a ground for disposition of suspension of license; that is, it is probable that the Plaintiff was aware of the circumstances; that the Plaintiff was driven after a considerable time after drinking; that there was no record of violation of laws and regulations prior to the instant traffic accident; that there was no damage recovery; and that if the Plaintiff’s driver’s license is revoked when the Plaintiff’s license is revoked when the Plaintiff’s driver’s license is necessarily required due to the Plaintiff’s occupation characteristics, the termination of the Plaintiff’s livelihood is difficult; thus, the instant disposition should be revoked on the ground that the Plaintiff’
B. (1) Determination 1) Whether the relevant legal doctrine or punitive administrative disposition deviatess from or abused the scope of discretionary authority is objectively deliberated on the content and degree of the offense of inducement of the disposition, the public interest needs to be achieved by the disposition, the disadvantage suffered by the individual, and all other relevant circumstances.