1. The plaintiff's claim is dismissed.

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

1. On November 25, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 ordinary) as of January 13, 2016 (hereinafter “instant disposition”) on the ground that the Plaintiff driven B rocketing vehicles under the influence of alcohol concentration of 0.121% at the front of the Soduk-gu Kim Jong-si’s Don-si, Kim Jong-si (hereinafter “instant disposition”) on December 22, 2015, on the ground that he/she driven the Plaintiff’s blood alcohol level of 0.121%.

On January 8, 2016, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on February 29, 2016.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 15, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff continued to work and maintain his family’s livelihood, driver’s license is essential, the distance of the Plaintiff’s drunk driving is about 500 meters, and the Plaintiff caused the Plaintiff’s shocking of the preceding vehicle, but the physical damage of the preceding vehicle was insignificant, etc., the instant disposition was unlawful since it exceeded and abused discretion.

B. In light of the fact that traffic accidents caused by drinking driving are frequent and the results are harsh, etc., it is highly necessary for public interest to prevent traffic accidents caused by drinking driving (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). In revocation of a driver’s license, unlike the cancellation of the general beneficial administrative act, it is necessary to emphasize the general preventive aspect that should be prevented rather than the disadvantage of the party that would be suffered due to the revocation (see, e.g., Supreme Court Decision 2012Du1051, May 24, 2012). The Plaintiff’s drinking level constitutes the criteria for revoking a driver’s license under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, and there are no special circumstances to deem the instant disposition significantly unreasonable.