1. The plaintiff's claim is dismissed.

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

1. The Defendant issued the instant disposition, on January 26, 2006, on the ground that the Plaintiff driven a B vehicle under the influence of alcohol concentration of 0.065% on the grounds that: (a) on May 26, 2011, under the influence of blood alcohol content of 0.086% on May 26, 201; (b) on the ground that the Plaintiff driven a vehicle under the influence of alcohol concentration of 0.082% on the roads south-dong, Seogu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, U.S. on December 22, 201, on the ground that the Plaintiff driven a vehicle under the influence of alcohol concentration of 0.082% on blood alcohol content; and (c) on the ground that the Plaintiff’s driver’s license for the Plaintiff was revoked as of January 11, 2011.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 7, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion does not have a history of driving under the influence of alcohol for the last five years, and considering all the circumstances such as the blood alcohol concentration at the time of driving under the influence of alcohol at the time of driving under the instant case was 0.082%, and the fact that the occupational driver’s license is essential, the instant disposition constitutes a case where the Plaintiff excessively harshly abused and abused discretion.

(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of the Interior:

Provided, That in cases falling under subparagraphs 2, 3, 7 through 9 (excluding cases where the regular aptitude test period expires), 12, 14, 16 through 18, and 20, the driver's license shall be revoked.

2. Where a person who has violated at least twice the latter part of Article 44 (1) or (2) again falls under the ground for suspension of driver's license, in violation of paragraph (1) of the same Article;

C. According to the proviso of Article 93(1)2 of the Road Traffic Act, a person who drives a motor vehicle under the influence of alcohol at least twice.