The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On June 15, 2009, the Plaintiff driven a vehicle while under the influence of alcohol 0.064% of alcohol level.

On April 18, 2020, at around 00:10, the Plaintiff driven a cplow passenger car while under the influence of alcohol level of 0.064% at the front of the Gyeonggi-si, Gwangju-si.

(2) On May 7, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that “the person who has driven a motor vehicle while driving a motor vehicle in the same manner has re-driving a motor vehicle that constitutes a ground for suspending the driver’s license.”

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 5, 2020, but was dismissed on July 24, 2020.

[Grounds] In light of the facts without dispute, Gap's evidence Nos. 1 through 4, 6, Eul's evidence Nos. 1 through 6, and the purport of the whole pleading as to the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's drinking driving distance of this case does not occur due to the plaintiff's drinking driving of this case. The plaintiff's driving distance of this case is merely 150 meters, the plaintiff's driving license is indispensable for transporting livestock products, driving is an important means to maintain the family's livelihood, and faces economic difficulties with the disposition of this case, the disposition of this case is unlawful since it has exceeded and abused the discretionary power

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall cancel the driver's license for the person who has driven at least twice, and the commissioner of a district police agency shall cancel it.