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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. On December 31, 1989, the Plaintiff obtained a Class-I ordinary driver’s license on December 31, 1989, but failed to pass the regular aptitude test on June 26, 2017, and obtained Class-II ordinary driver’s license (B) on the same day on the same day. On March 24, 2018, the Plaintiff: (a) around 23:30, under the influence of alcohol 0.122% from the place in which the Suwon-si Seo-gu Seo-gu Li-gu Li-gu Li-gu Li-gu Li-gu Li-ri-ri (hereinafter “the instant drinking”). Around March 24, 2018, the Plaintiff driven approximately 2.5 K-k (hereinafter “the instant drinking”).
B. On May 14, 2018, the Defendant rendered a disposition to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion did not cause a traffic accident through the drinking driving of this case; the plaintiff's blood alcohol concentration is minor at the time of the drinking driving of this case; the plaintiff's driver's license is essential for commuting to and from work as a company member to maintain his livelihood; the plaintiff actively cooperates with an investigative agency about the drinking driving of this case; the plaintiff must support her mother-child; the plaintiff bears living expenses and household debts; and the plaintiff's disposition of this case is in violation of law such as deviation from discretion and abuse.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the ground for the disposition.