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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (i) On June 16, 2018, the Plaintiff driven BK3’s car at approximately 500 meters from the vicinity of the offshore of Dongjak-gu Seoul Metropolitan Government to the front road of Seocho-gu Seoul Metropolitan Government, under the influence of alcohol content of 0.173%.
At the time, the plaintiff turned the above road into four-lanes from the surface of the private road to the surface of the four-lanes, and the plaintiff sent a physical damage to the left-hand driving of the damaged vehicle (SM5 private taxi) to the right-hand driving of the plaintiff.
B. On June 28, 2018, 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 (Class II common).
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Aug. 14, 2018).
【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) there was no traffic accident or force of drinking alcohol for about nine (9) years; (iii) active cooperation with the police investigation; and (iv) the need for a driver’s license to engage in economic activities and maintain livelihood, etc.
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 driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty points shall be 110 for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified exclusion requirements