The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On July 30, 2006, the Plaintiff driven a vehicle while under the influence of alcohol of 0.061%.

At around 23:50 on March 27, 2020, the Plaintiff driven CK7 car volume while under the influence of alcohol of 0.069% in alcohol level on the front of Dongjak-gu Seoul Metropolitan Government.

(2) On April 13, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motor vehicles) 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 for drinking” re-driving the motor vehicle to the Plaintiff on April 13, 2020.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 28, 2020, but was dismissed on July 7, 2020.

[Grounds for recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 through 8, and the purport of the entire pleadings, the purport of the disposition of this case is legitimate, and the traffic accident did not occur due to the plaintiff's drinking driving of this case, the distance of drinking driving of this case is only 500 meters, the plaintiff's work in a construction company and requires a driver's license for local business travel, and the driving is an important means to maintain the livelihood of his family, the disposition of this case is unlawful because it is against the law of abuse

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 may choose whether to cancel the driver's license.