Litigation costs shall be borne by the plaintiff.

A. On November 5, 2019, at around 00:36, the Plaintiff driven a section of approximately 100 meters, i.e., the B car while under the influence of alcohol with 0.07% of alcohol level, from the back to the back of the Suwon-gu Suwon-si Suwon-si, Gyeonggiwon-si, to the front day of the 241 Suwon-gu, Gyeonggiwon-si.

B. On January 15, 2003, the Plaintiff was subject to a disposition of suspension of driver's license on the ground that he was driven under the influence of alcohol level 0.076%.

C. On November 15, 2019, the Defendant issued a disposition to revoke the driver’s license for Class I ordinary and Class II motor vehicles pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driving at least twice. D.

On November 27, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 7, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the Plaintiff’s assertion 1) The Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), which is a ground provision for the instant disposition

Of note, the instant applicable law was enforced on June 25, 2019 (hereinafter “instant applicable law”).

(2) Article 93(1)2 of the Act provides that the driver’s license shall be revoked regardless of the degree of seriousness, if the number of hours of drunk driving is accumulated twice retroactively from the act of violation after June 30, 201. As such, the principle of proportionality or the principle of excessive prohibition is violated because it is difficult to see that a person engaged in driving is equipped with the minimum of infringement and the balance of legal interests by excessively infringing on the freedom of occupation, the general freedom of conduct, and the right to pursue happiness derived from the occupation of a person who does not work, and the right to pursue happiness derived therefrom. 2) In addition, the principle of reliance under the Constitution is more than when an administrative agency performs any act.