Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (i) On July 27, 2016, the Plaintiff, while under the influence of alcohol of 00:27% of blood alcohol concentration ( blood collection measurement), driven a car owned by himself/herself, thereby driving the car up to approximately 100 meters on the front of the former E apartment on the road located in the Incheon City Training Institute C at the Incheon City, while driving the car up to 100 meters.
B. On September 2, 2016, the Defendant revoked the first-class ordinary driver’s license on the ground of Article 93(1)1 of the Road Traffic Act.
Article 28(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 20100, Nov. 8, 2016).
【Fact-finding without a dispute over the grounds for recognition, evidence of Articles 4 through 13, the purport of the whole pleadings
2. (i) Whether the instant disposition is legitimate, the Plaintiff’s appointment of a substitute driver as a substitute driver after having completed his own awareness and left the substitute driver, and the Plaintiff’s appointment of a substitute driver as a substitute driver was only discovered while driving a vehicle temporarily in order to teach another standby driver, and the Plaintiff was working in the quality control team of the automobile manufacturer, and thus, it is necessary to drive a vehicle in order to maintain the family’s livelihood. In light of the above, the instant disposition should be revoked as it deviates from and abused discretion, and thus, should be revoked.
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, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by arresting the escape driver and does not meet certain requirements for exclusion.”