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 26, 2009, the Plaintiff was under the influence of driving a motor vehicle with a blood alcohol concentration of 0.054% and blood alcohol concentration of 0.081% on June 18, 2014, thereby violating the prohibition of drunk driving.

B. On January 13, 2018, the Plaintiff driven CMW 760Li car while under the influence of alcohol 0.084% in blood alcohol level on the roads near Gangnam-gu Seoul, Gangnam-gu.

C. On January 31, 2018, the Defendant issued a notice of the first-class ordinary vehicle driver’s license to the Plaintiff on January 31, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff violated the prohibition of drunk driving on more than two occasions, on the grounds that the Plaintiff violated the prohibition of drunk driving.

On April 17, 2018, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal against the instant disposition.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1, 3 through 5, 8 through 12 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as that the Plaintiff’s vehicle driving is essential for the Plaintiff’s livelihood, as it is engaged in a restaurant employee’s sanitary clothing production business, and thus, from time to time visit and deliver it to the customer. In light of the Plaintiff’s circumstances, the instant disposition was excessively harsh to the extent that it abused discretion.

B. In full view of the provisions of Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency must revoke the driver’s license in a case where a person who has violated two or more times the prohibition of driving under the influence of alcohol once again drives under the influence of alcohol falls under the grounds for suspending

As seen above, the plaintiff violated the prohibition of drinking driving again in the state of not less than two times, and the defendant who is the commissioner of a district police agency shall revoke the plaintiff's driver's license without fail.