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 May 11, 2016, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the grounds that “the Plaintiff was under the influence of alcohol at around 16:50 on April 19, 2016, and was under the influence of alcohol at least 0.06%.”

(hereinafter “instant disposition”). (b)

On October 13, 2016, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on December 13, 2016.

C. Meanwhile, the Plaintiff has the power of driving and regulating under the influence of alcohol with 0.141% of the blood alcohol content on September 28, 2001, 0.089% of the blood alcohol content on December 3, 2009, 0.089% of the blood alcohol content on June 30, 201, 0.129% of the blood alcohol content on June 30, 201, and 0.113% of the blood alcohol content on December 18, 2012.

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

2. Whether the instant disposition is lawful

A. The disposition of this case is unlawful by abusing and abusing discretion when considering all the following factors: (a) the Plaintiff’s previous argument for a considerable period of time is prior to the Plaintiff’s blood alcohol level; (b) the blood alcohol level is relatively low; (c) the developments leading up to driving; (d) driving distance; and (e) the characteristics of the Plaintiff’s occupation.

(b) Article 44 of the Road Traffic Act (amended by Act No. 13829, Jan. 27, 2016) (1) No person shall drive a motor vehicle, etc. under the influence of alcohol (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);

(1) If a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall comply with the standards prescribed by Ordinance of the Ministry of the Interior: