1. The plaintiff's claim is dismissed.

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

1. (i) On December 29, 2017, the Plaintiff driven BK5’s car at approximately 500 meters prior to the 1365-dong, Sinsi-dong, Sinsi-dong, Sinsi-dong, under the influence of alcohol content of 0.125% by blood alcohol level around 06:29.

B. On January 8, 2018, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.

On January 23, 2018, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on March 13, 2018.

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 15, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drinking without an accident; (iii) the ordinary place of education uses a substitute driving; (iv) active cooperation with an investigative agency; and (v) the company located in a remote place from the dwelling area to work a day-time shift at night; and (iv) the driver’s license is required for the performance

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 in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher official by causing a traffic accident and arresting an escape driver, and who has been given an official commendation by the chief of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation is to drive in excess of 0.12% of blood alcohol concentration.