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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 23, 2008, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and around January 17, 2019, around 02:36, the Plaintiff driven 1km of DNA freight with approximately 0.129% of alcohol level, while under the influence of alcohol level from an insular place (hereinafter referred to as the “insular traffic”) to the roads before Seoul Sungdong-dong (hereinafter referred to as the “insular traffic”).
B. On January 29, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 12, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff used a usual driving, and the Plaintiff did not cause a traffic accident through the pertinent drunk driving, and the Plaintiff was a model driver for 12 years without any particular accident, and the Plaintiff is required to send and deliver goods going through a local business trip every day as a business employee, and thus, the driver’s license is essential. The Plaintiff actively cooperates with and reflects with the investigation agency regarding the pertinent drinking driving, the Plaintiff is expected to marry in the middle of October 2019 with the promise of a wedding hall, so it is impossible to receive a loan from the deposit for the lease of the deposit due to the fact that it is difficult for the Plaintiff to receive a loan in a vertical state, and the Plaintiff is in a crisis where marriage will become inevitable, such as sharing of living expenses and preparing for marriage funds. In light of the above, the disposition of the instant case is an abuse of discretion and abuse of discretion.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the subject of the disposition.