The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On December 24, 2019, at around 23:50, the Plaintiff driven D Poter Cargo Vehicles with a blood alcohol concentration of 0.232% under the influence of alcohol on the front road located in Seo-gu, Daegu (hereinafter “instant drinking”).

B. On January 31, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) of the Plaintiff as of February 23, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on April 28, 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 instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion only a short distance and used a drinking driving as an agent, and actively cooperated in the investigation of drinking driving, and that the Plaintiff could lose his occupation as a means of livelihood when the driver’s license is revoked, and that there is a family member to support and is difficult to live, the Plaintiff’s disadvantage is significantly excessive compared to the public interest protected by the disposition of this case, and thus, the disposition of this case is unlawful by abusing and abusing discretion.

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is an administrative agency's discretionary act. However, in light of the increase of traffic accidents caused by driving under the influence of alcohol and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by driving under the influence 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 cancellation of the general beneficial administrative act.