1. The plaintiff's claim is dismissed.

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

1. (i) On July 3, 2018, the Plaintiff was discovered while driving a B car on the front of the water resource construction distance of 1633 YYY 163, 163, under the influence of alcohol with a blood alcohol content of 0.169% around 23:55.

B. On July 20, 2018, 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 common and class II motorcycles).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Sep. 11, 2018).

【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. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) only a simple drinking without an accident; (iii) there was no traffic accident or alcohol driving force for about 19 years; (iv) active cooperation with the police investigation; and (v) the fact that a driver’s license is required for the performance of duties and family life in a remote workplace located in the dwelling area; and (iv) the instant disposition is unlawful

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 person drives under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transportation service 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 causing a traffic accident and arresting an escape driver and does not meet the given exclusion requirement.” One of the requirements for the exclusion of mitigation, the blood alcohol concentration is 0.0.