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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 November 5, 2019, at around 22:58, the Plaintiff driven a vehicle B while under the influence of alcohol of 0.033% of blood alcohol level, and operated a vehicle B from the head of the Si/Gun/Gu population at the time of the Gyeonggi-si to the roads adjacent to the D sales outlet C located in the wife population at the time of Gyeonggi-si.
B. On July 13, 2008, the Plaintiff was revoked the driver's license on the ground that the Plaintiff was driven under the influence of alcohol content 0.105%.
C. On November 25, 2019, the Defendant issued a disposition revoking the first-class driver’s license to the Plaintiff on the ground that the Plaintiff was making a drunk driving twice or more (hereinafter “instant disposition”) pursuant to Article 93(1)2 of the Road Traffic Act, on November 25, 2019.
On December 20, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 18, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering that the substance of the Plaintiff’s assertion did not cause any personal or material injury due to the Plaintiff’s drunk driving, driving distance was relatively short of 2.5km, active cooperation with respect to the detection items, the Plaintiff’s driver’s license is essential due to its nature as the Plaintiff’s corporate source, the Plaintiff’s spouse and two children are to support, and the Plaintiff is going to not drive a drunk driving again, and the instant disposition is too harsh to the Plaintiff, and thus, should be revoked.
(b) as shown in the attached Form of the relevant statutes.
C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 2 of the Addenda of the Road Traffic Act, a person who drives under the influence of alcohol again after June 30, 201.