The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On December 13, 2004, the Plaintiff has the electric power of driving under the influence of alcohol with 0.086% of alcohol level and 0.09% of blood alcohol level on October 19, 2007.

On February 22, 2020, at around 01:47, the Plaintiff driven a C-wheeled Vehicle while under the influence of alcohol with a blood alcohol concentration of 0.03% on the front of Seodaemun-gu Seoul Western-gu B.

(2) On April 4, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motor vehicles) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that “A person who drives a motor vehicle while driving a motor vehicle for drinking” re-driving the motor vehicle.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 22, 2020, but was dismissed on June 30, 2020.

[Reasons for Recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 through 9 (including provisional number), and the purport of the entire argument as to legitimacy of the disposition of this case, traffic accidents have not occurred due to the plaintiff's assertion as to the validity of the disposition of this case, the distance of drinking driving of this case is only 400 meters, since the plaintiff is serving in cable communication companies, it is necessary to obtain a driver's license, and driving is an important means to maintain the family's livelihood, the disposition of this case is unlawful since it deviates from

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall revoke the driver's license of a person who has driven at least twice.