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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 disposition;
A. The Plaintiff is a company member. On July 23, 2001, the Plaintiff acquired a driver's license (class 1 common), and was discovered while driving under the influence of alcohol 0.076% on April 4, 2003. On August 20, 2004, the Plaintiff was discovered while driving under the influence of alcohol 0.084% on the blood alcohol level. On October 20, 2004, the driver's license was revoked on October 20, 2004, and the driver's license (class 1 common) was acquired on October 28, 2005.
B. On July 17, 2019, at around 00:25, the Plaintiff driven a C-car (K7) at a distance of about 300 meters on the front of the two-way roads in two-way, while under the influence of alcohol at 0.194% of alcohol level. (hereinafter “D-driving”).
C. On August 6, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 21, 2019, but was dismissed on October 1.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]
2. Whether the instant disposition is lawful
A. The Plaintiff’s alleged mobile distance is relatively short, and there is no human or material injury caused by the instant drunk driving, the use of a usual driving, and the active cooperation in the investigation, and the driver’s license was absolutely required, and the need for supporting the family, considering all circumstances, the instant disposition was abused beyond the scope of the discretion, or abuse of discretionary power.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
§ 93. Driver's licenses