The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On March 6, 2020, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol of 04:32 on January 25, 2020, driven a vehicle of approximately 500 meters on the street in front of the D convenience store in C at the time of staying at the time of 0.115% of alcohol level to the front of the same E-school” (hereinafter “instant disposition”).

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on March 13, 2020, but a ruling dismissing the Plaintiff’s claim was rendered on May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes a deviation or abuse of discretionary authority in light of the following: (a) the Plaintiff’s assertion that there is no damage caused by driving under the influence of alcohol; (b) the distance of driving is short; (c) the use of ordinary driving by proxy; and (d) the need for occupational

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In this case, the Plaintiff’s drinking level is 0.15% of blood alcohol level, and the criteria for revocation of the driver’s license (not less than 0.08% of blood alcohol level) under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, the inevitable circumstances that the driver had to drive at the time do not peep, there was the history discovered by drinking driving in 2018, and the revocation of the driver’s license is subject to sanctions because the driver’s license can be obtained again after a certain period expires.