1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On August 29, 2013, the Plaintiff acquired a driver’s license (class 1 ordinary) and is ready-mixed business.

B. On July 5, 2019, at around 23:40, the Plaintiff was under the influence of alcohol with about 0.167% of blood alcohol concentration, and was driving a 1km-lurged car at a distance of about 1km from the Pocheon-si B Complex Gam G apartment parking lot (hereinafter “instant drinking driving”). The Plaintiff was parked a vehicle.

C. On August 9, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

On October 21, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 3, 201.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 13]

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s assertion relatively short of the mobile distance and the acquisition of a driver’s license for about seven years, active cooperation was made in police investigations; (b) the driver’s license is absolutely necessary; and (c) family support and economic difficulties were considered, the instant disposition exceeded the scope of discretion or abused discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the Commissioner of a Local Police Agency shall include a driver's license to all the extent that the person has obtained in accordance with the standards prescribed by Ordinance of the Ministry of Public Administration