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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 August 19, 2017, the Plaintiff driven a B low-priced car at around 200 meters in front of the road E located in Ischeon-si, Leecheon-si, while under the influence of alcohol of 0.102% of the blood alcohol content on August 19, 2017.
B. On August 30, 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 large, Class I common, and Class I common).
On October 12, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on November 29, 2017.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings
2. In full view of the following, the Plaintiff’s disposition of this case is lawful: (i) simply a simple drinking without an accident; (ii) the driving distance is relatively short; (iii) the investigative agency actively cooperates with the investigation agency; and (iv) the Plaintiff’s driver’s license is required for the performance of duties and family life; and (iv) the instant disposition is unlawful and should be revoked as it deviates from and abused discretion.
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, when driving under the influence of alcohol (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty shall be mitigated to 110 points for the "persons who have been given an official commendation by the chief of a police station or higher for at least three years as an exemplary driver, or who have been given an official commendation by the chief of a police station after causing a traffic accident or arresting an escape driver and do not meet the specified exclusion requirements." One of the requirements for exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12%, causing a traffic accident during drinking.