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 August 29, 2019, at around 18:50, the Plaintiff: (a) driven a D non-bert-wheeled vehicle under the influence of alcohol concentration of 0.089% on the front of the Suwon-gu B apartment Cdong, Busan (hereinafter “instant drinking driving”); and (b) shocked the E vehicle under the yellow signal following it.

B. On September 28, 2007, at around 00:08, the Plaintiff was found to have been driven while under the influence of alcohol 0.116%.

C. On October 8, 2019, the Defendant issued a disposition revoking the Plaintiff’s second-class motor bicycle pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”).

On November 15, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on January 14, 2020.

[Ground of recognition] Facts without dispute, Gap's 1, 2, and Eul's 1 to 4 (including a number of pages)

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff is obliged to obtain a driver's license because he/she maintains his/her livelihood by using a motorcycle for delivery services, and is responsible for the livelihood of his/her father-and-child.

Considering these circumstances, given that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large, the instant disposition was deviates from and abused discretion.

(b) as shown in the attached Form of the relevant statutes.

C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for the suspension of driver’s license, the commissioner of the competent local police agency has the duty to revoke the driver’s

Therefore, it is true.