1. The plaintiff's claim is dismissed.

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

1. (i) On September 12, 2016, the Plaintiff driven a B-ro passenger car owned by the Plaintiff, onekm from the street to D’s front street, at the time of Sinung-dong at Sinung-dong, with the influence of alcohol content of 0.118%, around 23:33, 2016.

B. On September 29, 2016, the Defendant rendered the instant disposition to revoke the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act against the Plaintiff.

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Nov. 8, 2016).

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1, Eul evidence 2 through 11, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it deviates from and abused discretion, comprehensively takes account of the following: (i) the Plaintiff, as a physically disabled person, driving a vehicle exclusively for disabled persons after obtaining a Class II ordinary driving license on around 1990; and (ii) the fact that the driver’s license is essential to maintain a living by driving the vehicle exclusively for disabled persons; and (iii) the vehicle driver’s license is a difficult home form.

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 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 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 the specified exclusion requirements.” One of the mitigation exclusion requirements, the blood alcohol concentration exceeds 0.12%.