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 January 30, 1992, the Plaintiff acquired a Class I ordinary driver’s license on January 30, 1992. On November 27, 2015, at around 21:30, the Plaintiff driven a Class B car with blood alcohol level of 0.082% while under the influence of alcohol level around November 27, 2015, and was under the control of the police.

B. On October 17, 2003, the Defendant issued the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act, on the ground that the Plaintiff, while driving under the influence of alcohol at least 0.079% on a blood alcohol level on October 201, and 0.069% on a blood alcohol level on October 20, 2012, was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on February 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 14, 15, Eul evidence 1 to 12, the purport of the whole pleadings

2. The legality of the instant disposition

A. The Plaintiff’s assertion was made in this case to move the substitute driver sent out at the time of the instant case to a place where it is easy to find, the Plaintiff’s driver’s license is essential for the Plaintiff’s vocational performance, there is no way to maintain his/her family’s livelihood in the event of the instant disposition, the Plaintiff’s duty to care for his/her parents who are in the instant case, and the driving distance is short and the drinking level is not high. In light of all circumstances, the instant disposition is unlawful as it deviates from and abused discretionary power.

B. In light of the judgment, according to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the Road Traffic Act, when a person who has driven at least two times drives a motor vehicle again and falls under the grounds for suspension of driver's license, the commissioner of the competent district police agency must revoke the driver's license. Thus, there is no room for discretion in the disposition