1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On December 8, 2001, the Plaintiff driven a motor vehicle under the influence of alcohol 0.102% by blood alcohol level, and driven a motor vehicle under the influence of alcohol 0.09% by blood alcohol level on August 7, 2004.

B. After that, on May 21, 2020, the Plaintiff, while under the influence of alcohol at 0.07% of alcohol level on May 21, 2020, driven at 30 meters from the roads of “D Burial” in Pyeongtaek-si C to the E-park parking lot.

C. On June 16, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had a driving record under the influence of drinking (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 24, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion: (a) the Plaintiff’s drinking value was insignificant and the Plaintiff was driving a mobile parking that is not for operation, and did not cause harm to other persons; (b) the Plaintiff was driving a safe driving without any traffic accident since the Plaintiff acquired the driver’s license; (c) the Plaintiff is a small-scale self-employed who sells electronic equipment, etc., who is in need of carrying out duties, such as supply and delivery, and thus, is in a position to suspend the performance of duties because the cancellation of the driver’s license is impossible; and (d) the Plaintiff is obliged to support care money, spouse, and three children, and to repay bank loans, the instant disposition should be revoked because it is too harsh to the Plaintiff.

B. The proviso of Article 93(1) and Article 93(2) of the Road Traffic Act to determine whether a person who drives a motor vehicle under the influence of alcohol is driving again.