The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On July 13, 2020, at around 01:27, the Plaintiff: (a) driven a D body-man-car under the influence of alcohol concentration of 0.090% in front of the blood on the road located in the Gyeongbuk-gun B (hereinafter “driving of this case”).

B. On September 4, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (Class 1, class 1, class 2, class 2 bicycle) of the Plaintiff as of October 6, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drinking (hereinafter “the instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 3, 2020.

[Ground of recognition] Unsatisfy, entry in Eul evidence Nos. 1, 2, 3 and 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion has no history of driving alcohol, the Plaintiff is in charge of the Plaintiff’s funeral service business, and the Plaintiff is in charge of the Plaintiff’s work of driving the deceased, and the Plaintiff suffers from difficulties in living, etc., the instant disposition is unlawful by abusing his discretion and abusing his discretion, since the Plaintiff’s driver’s license was revoked compared to the public interest to be achieved by the instant disposition.

B. 1) The revocation of a driver’s license when a person who has obtained a driver’s license under the influence of alcohol drives is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by the driving of alcohol and the suspicion of its result, the necessity for public interest to prevent traffic accidents caused by driving of alcohol should be more serious. The revocation of a driver’s license is rather than the disadvantage of the party who will suffer from the revocation, unlike the revocation of the general beneficial administrative act.