1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. (i) On July 28, 2017, the Plaintiff driven a 2 km car with 0.178% alcohol content under the influence of alcohol around 01:50 on July 28, 2017 by approximately 2 km in front of the branch office of the KT dong, 92-1 (KT dong branch office), where the Plaintiff was under the influence of alcohol of 0.178%.

B. On August 4, 2017, 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 I common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Oct. 17, 2017).

【Fact-finding without a dispute over the grounds for recognition, evidence of Articles 4 through 13, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is lawful; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) the Plaintiff has an accident-free driving career for 18 years; (iv) the Plaintiff used a proxy driving; (v) the Plaintiff actively cooperated with an investigative agency; and (v) the Plaintiff is in charge of the construction of industrial gas factories; and (v) the Plaintiff requires a driver’

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 person drives under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transportation service 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.” One of the requirements for the exclusion of mitigation, the blood alcohol concentration is 0.12% of the blood alcohol concentration.