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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 October 27, 1993, the Plaintiff acquired a Class 2 driver's license for a motor vehicle, Class 6, and Class 1 driver's license for a motor vehicle on October 6, 1999. On September 1, 200, the Plaintiff was revoked on September 1, 200 due to non-performance of relief measures after driving and causing traffic accidents. On July 9, 2002, the Plaintiff acquired a Class 1 driver's license for a motor vehicle again on October 11, 2002 by the special amnesty of the President. On November 17, 2003, the Plaintiff was revoked on August 7, 2004 (0.29% alcohol level), and repeatedly acquired a Class 1 driver's license for a motor vehicle on August 3, 2004 (0.29% alcohol concentration) and a Class 1 driver's license for a motor vehicle without alcohol level (0.14% alcohol level).
B. At around 22:50 on August 6, 2018, the Plaintiff was charged with bad driving on June 8, 2018, and was given with the penalty points of 40 points, the Plaintiff was driving approximately 1 km of the volume of G car driving in the state of under the influence of alcohol by 0.126% at the same time from the DNA singing room in Geumcheon-gu Seoul Metropolitan Government to the front road in Geumcheon-gu, Geumcheon-gu (hereinafter “instant drunk driving”).
C. On November 2, 2018, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving; and (b) revoked the license of the vehicle driving stated in the preceding paragraph (hereinafter “instant disposition”).
The plaintiff appealed against this 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 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 causes a traffic accident through drinking driving of this case.