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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 disposition;
A. The Plaintiff acquired a driver’s license (Class I ordinary) on April 28, 1997, and was discovered while driving under the influence of alcohol on October 17, 2004. On March 28, 201, the Plaintiff was discovered while driving under the influence of alcohol with a blood alcohol level of 0.074%. On March 28, 2011, the driver’s license was revoked on May 27, 2011, when he was discovered while driving under the influence of alcohol with a blood alcohol level of 0.15%. The driver’s license was revoked on June 18, 2012.
B. On August 26, 2019, the Plaintiff, while under the influence of alcohol at around 0.106% of the blood alcohol concentration, driven a Dexton car (hereinafter “instant drinking driving”). Around August 26, 201, the Plaintiff driven a dexton car at a distance of approximately 1.6 km from Jung-gu, Incheon to Jung-gu, Incheon (hereinafter “instant drinking driving”).
C. On September 23, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 25, 2019, but was dismissed on December 3, 2019.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 15]
2. Whether the instant disposition is lawful
A. In light of all circumstances such as the Plaintiff’s assertion that there was no personal injury or injury caused by the drinking driving of the instant case, relatively short of the distance of movement and active cooperation in the investigation, and the driver’s license is absolutely necessary and the need for family support, the instant disposition is an abuse of discretion or discretion.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1)