1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the finding of the judgment of the court of first instance concerning this case are as follows: (a) the court shall dismiss the “J” to K for the second 8th th th th h h h h h h h; and (b) the reasoning for the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment on the assertion emphasized by the plaintiff in this court

2. Details of the further determination

A. Article 93 of the former Road Traffic Act (amended by Act No. 13458, Aug. 11, 2015; hereinafter “former Road Traffic Act”); Article 91(1) [Attachment Table 28] of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 10, Dec. 16, 2014; hereinafter “Enforcement Rule of the former Road Traffic Act”).

1.(b)

(4) 1 (a)

According to the clause, in case of traffic accident caused by the violation of laws and regulations, the penalty points shall be added together, and if there are at least two violations of laws and regulations which cause traffic accident, only one of them shall be the most severe.

In addition, since the plaintiff caused the traffic accident due to the violation of the duty of drinking driving and the duty of safe driving, the plaintiff should apply only the penalty points for the serious drinking driving.

However, the defendant imposed penalty points to the plaintiff as well as penalty points for violation of the duty of safe driving, and as a result, the defendant issued the disposition of this case on the ground that total penalty points exceed 121 points.

Therefore, the instant disposition is unlawful by misunderstanding the application of the statutes as above, and even if it is not erroneous as to the application of the domestic law, it is unlawful by abusing and abusing discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The criteria for the revocation and suspension of a driver’s license under attached Table 28 are the criteria for the competent administrative agency to conduct affairs such as the revocation of a driver’s license and the suspension of a driver’s license.