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 June 28, 2019, the Defendant issued a disposition to revoke the driver’s license of a motor vehicle (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff, around June 2, 2019, driven a motor vehicle under the influence of alcohol with a blood alcohol level of 0.182% at the front of the Dado-dong store located in Jinju-si B, Jinju-si, up to the front of the Do-si Do-si Do-si Do-si Do-si.”

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on July 9, 2019, but a ruling dismissing the Plaintiff’s claim was rendered on August 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes abuse of discretionary authority when considering the fact that there was no Plaintiff’s assertion, the driving distance is merely 50 meters, and thus shorter, the driver’s license was ordinarily used, the driver’s license was essential, and the situation faced by the Plaintiff, etc.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In this case, the Plaintiff’s drinking level is 0.182% of blood alcohol level, and the criteria for revoking the driver’s license (not less than 0.1% of blood alcohol level) under [Attachment 28] of Article 91(1) of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 123, Jun. 14, 2019) is far more higher than the criteria for revoking the driver’s license (not less than 0.1% of blood alcohol level), and there are no inevitable circumstances in which the Plaintiff had to drive under the influence of alcohol