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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 April 18, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 1, class 1, class 2, and class 2) on the ground that the Plaintiff driven the Efranchising vehicle from the frontway in Seocho-gu Seoul, to the same Gu D, class 101 underground parking lots (hereinafter “instant disposition”) in a state that the Plaintiff is unlikely to drive the psychotropic drug normally by inhaleing the Mebscop (Handphone) around 12:30 on March 27, 2017.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on September 19, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In light of the following: (a) the Plaintiff inhaled the Mepta from around 23:00 on March 26, 2017 to 13:30 minutes after the Plaintiff was driving; (b) the instant disposition was unlawful since the Plaintiff was not in a state of being unable to drive normally at the time of driving; and (c) the Plaintiff was driving after a considerable time after the Plaintiff’s abuse of discretionary power; and (d) the Plaintiff’s driver’s license is essential to operate the funeral hall and support his/her family members, the instant disposition is unlawful by abusing and abusing discretionary authority.
B. Article 93(1)4 of the Road Traffic Act provides that the driver of a motor vehicle, etc. may revoke or suspend the driver’s license in cases of operating a motor vehicle, etc. while the driver is unlikely to drive the motor vehicle normally due to the influence of drugs, in violation of Article 45. Article 45 of the same Act provides that the driver of a motor vehicle, etc. shall not normally drive the motor vehicle, etc. due to his/her overwork, disease or drugs, and other reasons except under the influence of alcohol pursuant to Article 44.