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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 disposition;
A. The Plaintiff is an engineer of a tourist bus, and acquired a driver’s license (Class I ordinary) on October 23, 2006, and acquired a driver’s license (Class I) on December 4, 2018.
B. On July 21, 2019, at around 02:48, the Plaintiff driven a B SP car with a blood alcohol concentration of 0.122%, while driving the B SP car, and without taking any measure, was parked on the road near the Guri-si C, and without taking any measure, driven a more distance of about 17 km to D apartment at the Namyang-si (hereinafter “instant drinking driving”).
C. On August 20, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 5, 2019, but was dismissed on October 15.
[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 11]
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion was used as a usual driving and actively cooperated in the police investigation, and that the driver’s license is absolutely necessary and considering all circumstances, such as family support and economic difficulties, the instant disposition was an abuse of discretion or discretion.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall do so within all the scope of the driver's license