1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. The Plaintiff is a self-employed person. On October 22, 2007, the Plaintiff acquired a driver’s license (Class 2 motorcycle), and on March 15, 201, obtained a driver’s license (Class 1 ordinary), but on October 22, 2011, the driver’s license was fully revoked on November 11, 201 when driving under the influence of alcohol with 0.141% (Class 1 ordinary), and on August 18, 2012, the driver’s license (Class 2 motorcycle), on March 18, 2013, and on March 26, 2014 (Class 2 small).

B. On July 9, 2019, the Plaintiff was under the influence of alcohol of 0.171% on blood alcohol level, and was under the influence of alcohol level 02:34, the Plaintiff was under the influence of driving 5 km away from the roads near the Dong-dong of the Government of Jung-si to the roads front B in Yangju-si (hereinafter “instant drinking driving”).

C. On August 6, 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 August 19, 2019, but was dismissed on October 1.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 14]

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion was erroneous and actively cooperated in the police investigation, and that the driver’s license was absolutely necessary and economic difficulties, the instant disposition exceeded the scope of discretion or abused discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License)