1. The plaintiff's claim is dismissed.

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

1. Around 01:30 on May 10, 2016, the Plaintiff driven the said car under the influence of alcohol level C 0.092% on the front of the Korean National Bank located in Changwon-si, Changwon-si B, while under the influence of alcohol level 0.092%. On May 11, 2016, the Plaintiff driven the said car under the influence of alcohol level 0.063% on the front of E on the road located in D at the window of Changwon-si, Changwon-si on May 23, 2016.

On June 9, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license (Class II common) as of June 22, 2016 on the ground that the Plaintiff’s two-time driving as seen above, as the Plaintiff had a total sum of points in 200 points for one year, and has a total sum of points in 121 points or more for one year, which is the grounds for revocation of driver’s license.

On June 13, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 23, 2016.

[Reasons for Recognition] Entry of Evidence Nos. 1, 5, 6, 7, 13, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In order for the plaintiff to maintain his family's livelihood by engaging in income activities, such as cosmetics and door-to-door sales of health foods, the driver's license is essential, the driver's license is revoked or suspended due to drinking driving, and Article 91 (1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

1. F. In light of the fact that the instant disposition constitutes grounds for mitigation of the disposition standards prescribed under the above, it is unlawful as it deviates from and abused discretionary authority.

B. In today’s determination, there is a lot of frequent traffic accidents caused by drinking driving, and the results thereof are harsh, and thus, it is very important for public interest to prevent traffic accidents caused by drinking driving (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). The instant disposition is a very large need for public interest to prevent traffic accidents caused by drinking driving. Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act.

1.(c)

The criteria for cancellation of driver's license due to the excess of the penalty points and accumulated points shall be met.