The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On June 19, 2012, the Plaintiff driven a vehicle while under the influence of alcohol 0.13% of alcohol level.

On February 7, 2020, around 09:40 on the road of Yongsan-gu Seoul Metropolitan Government, the Plaintiff driven CNS car volume while under the influence of alcohol with 0.052% of alcohol level 0.052%.

(2) On February 21, 2020, the Defendant issued 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 has driven a motor vehicle while driving a motor vehicle for drinking” had re-driving a motor vehicle to the Plaintiff on February 21, 2020.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on March 12, 2020, but was dismissed on June 2, 2020.

[Reasons] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 10, and the purport of the entire pleadings, the disposition of this case is legitimate, and the traffic accident occurred due to the drinking driving of this case by the plaintiff's assertion as to whether the disposition of this case is legitimate, and the plaintiff requires the driver's license for the delivery to company members, and the driving is an important means to maintain the livelihood of his family, the disposition of this case is unlawful

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 shall not be deemed to have discretion to choose whether to cancel the driver's license.

A driver's license is again granted to the Plaintiff even though the Plaintiff had a record of driving in light of the influence of alcohol.