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 March 16, 2009, the Plaintiff acquired a Class 1 driver’s license for large vehicles.

B. On June 17, 2001, the Plaintiff was revoked the driver's license by driving under the influence of alcohol with a blood alcohol concentration of 0.107%. On January 20, 2004, the Plaintiff was revoked the driver's license by driving under the influence of alcohol with a blood alcohol concentration of 0.23%. On April 7, 2007, the Plaintiff was revoked the driver's license by driving under the influence of alcohol with a blood alcohol concentration of 0.165%.

C. On June 27, 2017, at around 06:15, the Plaintiff driven B rocketing vehicles within about 1km from the front of the Nowon-gun Office located in Ulsan-gun to the front of the Ulsan-do Detention House, while under the influence of alcohol by 0.087% of blood alcohol level.

Accordingly, on July 25, 2017, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff had driven at least three occasions.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 3, 2017, but was rendered a dismissal ruling on September 5, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3 evidence, Eul 1, 3 through 5, 8, 10 evidence, 11-3, 4, 6, and 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of all the circumstances, including the Plaintiff’s assertion that the Plaintiff was drinking on the preceding day, but the Plaintiff was forced to drive the new wall inevitably to go to the hospital, and the mother of the new wall following the next day, the Plaintiff who works as a driving engineer was in need of a driver’s license to support the her mother who is in the line of duty, and the Plaintiff was breaking his mistake in depth, the instant disposition was unlawful since it was against the Plaintiff’s discretion because it was excessively unreasonable and abused by the Plaintiff.

나. 관계 법령 ▣ 도로교통법 제44조(술에 취한 상태에서의 운전 금지) ① 누구든지 술에 취한 상태에서...