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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. On November 13, 2001, the Plaintiff acquired a driver’s license (Class II ordinary) and was discovered while driving under the influence of alcohol on May 23, 2005, and thus revoked the driver’s license on July 3, 2005. On March 1, 2006, the Plaintiff was discovered while driving under the influence of alcohol with a level of 0.145% without a license. On November 24, 2008, the Plaintiff acquired a driver’s license (Class II ordinary) and was discovered while driving under the influence of alcohol with a level of 0.079% alcohol concentration on May 5, 2013, and was subject to the revocation of the driver’s license on July 31, 2016 (Class II).
B. On December 1, 2019, at around 09:06, the Plaintiff driven a C-car (BM) driving at a distance of about 10 meters on the front of the Guri-si B at approximately 0.115% of alcohol level while under the influence of alcohol at around 09:06 (hereinafter “instant drinking”).
C. On December 16, 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 December 17, 2019, but was dismissed on February 4, 2020.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]
2. Whether the instant disposition is lawful
A. In light of the following circumstances: (a) the Plaintiff’s assertion relatively short distance is short; (b) there is no human or physical injury caused by the drinking driving of the instant case; (c) actively cooperated in the investigation; and (d) the driver’s license is absolutely absolutely necessary and economic circumstances, etc., the instant disposition was abused by exceeding the scope of discretion or abuse of discretion.
(b) Article 44 of the Road Traffic Act (Prohibition on Driving Motor Vehicles while Intoxicated) (1) shall apply to any motor vehicle, etc. while under the influence of alcohol (construction machinery, other than construction machinery, under the proviso to Article 26 (1)