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

A. Around January 21, 2018, the Plaintiff holding a Class 1 ordinary driver’s license driving a D motor vehicle while under the influence of alcohol concentration of 0.07% in blood on the front of the Cmaart located in Gwangju Northern-gu, Gwangju, at around 21:59.

B. On March 5, 2018, the Defendant issued a disposition revoking the above driver’s license on the ground of the above drunk driving (hereinafter “instant disposition”).

C. The Plaintiff did not file an administrative appeal against the instant disposition.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 7, the purport of the whole pleadings

2. Whether the instant lawsuit is lawful, the Plaintiff abused and abused the instant disposition beyond its discretion.

Appellant and motion for its revocation.

Before determining the plaintiff's assertion, the lawsuit of this case is legitimate ex officio.

Article 142 of the Road Traffic Act adopts the principle of administrative appeal transfer by stipulating that "the administrative litigation on the disposition in accordance with this Act shall not be filed without the decision of the administrative appeal."

However, according to the above facts, since the plaintiff did not file an administrative appeal against the disposition of this case, the lawsuit of this case is unlawful as it was filed against the principle of administrative appeal transfer.

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.