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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. The Plaintiff obtained a Class 2 ordinary driver’s license on February 16, 2006, but was subject to the revocation of the said driver’s license on March 10, 2007 by driving a motor vehicle while under the influence of 0.121% of blood alcohol level, and again acquired a Class 1 driver’s license on April 30, 2008. However, on May 1, 2018, the Plaintiff obtained a Class 15 driver’s license (B) with a total of 15 points in penalty points in violation of traffic signal on May 8, 2018, while the Plaintiff was given a 15 driver’s license in violation of traffic signal on October 10:45, 2018, under the influence of 0.64% of blood alcohol level on the road in front of the west-si (hereinafter “10k driver’s license”). The Plaintiff’s license was imposed with a maximum of 15 meters alcohol level for more than 10% of the Plaintiff’s license for one year.
B. On November 4, 2018, the Defendant issued a disposition to revoke the license for driving motor vehicles as stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff exceeds the penalty points.
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 4, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is an error of deviation from discretion and abuse in light of the fact that the plaintiff's blood alcohol concentration of the plaintiff at the time of driving alcohol in this case is insignificant, the plaintiff's blood alcohol level is revoked, the excess of the given points is revoked, and the disposition in this case is against the drinking alcohol driving in this case.
(b).