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

A. On April 21, 2017, at around 03:30, the Plaintiff driven a B-car under the influence of alcohol from the west ginseng distance located in the Dondong, Busan, Daegu, and on the same day at around 04:23, the Plaintiff measured the pulmonary measurement by the control police officer, and the blood alcohol content was 0.113%.

B. On May 15, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of June 11, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on August 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 19 evidence, Eul evidence 1 to 10 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s blood alcohol concentration does not exceed the standard value for revocation, and there is no physical damage at the time of the instant case, and the Plaintiff’s automobile operation is essential. Considering the disadvantages that the Plaintiff suffered due to the instant disposition and the above circumstances, the instant disposition is unlawful as it deviates from and abused discretion.

B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

2. The individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken condition (not less than 0.1 percent of blood alcohol concentration). The instant disposition conforms to the above criteria.

(2)