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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 May 18, 2019, at around 03:35, the Plaintiff driven B SP vehicle under the influence of alcohol of 0.089% at the front of the Busan Jin-gu Public Security Center (hereinafter “instant drinking”).
B. On May 20, 201, the Plaintiff was found respectively while driving under the influence of alcohol with 00:00 alcohol content 0.12%, and 01:34% of blood alcohol content 0.096% on April 2, 2014.
C. On June 14, 2019, the Plaintiff rendered a disposition revoking the Plaintiff’s Class 1 ordinary driver’s license pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”).
On July 1, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on August 13, 2019.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that there was no damage due to drinking driving of the instant case, and the driving distance was shorter than 1 km.
The plaintiff has always used a proxy driving in the ordinary school, and has faithfully cooperated in the investigation and investigation.
The plaintiff is engaged in the delivery and delivery service, and the mother who suffers from serious illness must gather to the hospital and leave the hospital, thereby maintaining the livelihood of the plaintiff and his family.
Considering these circumstances, given that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large, the instant disposition was deviates from and abused discretion.
(b) as shown in the attached Form of the relevant statutes.
C. As such, Article 93(1) proviso and 2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) imposes a duty to revoke a driver’s license on a person who drives a drunk driving twice or more once again and falls under the grounds for suspension of a driver’s license, the relevant commissioner of a district police agency has a duty to revoke the driver’s license. Thus, the Plaintiff is so long as he/she drives a