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 August 16, 2015, the Plaintiff, while under the influence of alcohol at 0.122% of blood alcohol concentration, was driven by 0.12%, at the front of the National Police Agency 209, Seodaemun-gu, Seoul Western-dong 209, the Plaintiff shocked the back-line of the C Driving which is signaled at the front of the National Police Agency, and thereby, caused a traffic accident where C Driving’s above vehicles are in the atmosphere of the C Driving which led to a chain of the BMF back of the D Driving which is signaled at the front of the road.

B. On September 1, 2015, the Defendant, applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving, issued a disposition to revoke the Plaintiff’s Class I ordinary and Class II ordinary driver’s license (date of revocation: October 1, 2015).

(hereinafter referred to as “instant disposition”)

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 2, 2015, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 5, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 8, Eul evidence Nos. 1, 5 through 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion has no record of driving under the influence of alcohol since the Plaintiff acquired a driver’s license in 196, the Plaintiff’s payment of transaction fees delayed and the demand for the payment of materials expenses led to a drunk driving without considering the Plaintiff’s physical condition, the Plaintiff’s driver’s license is essential to maintain the Plaintiff’s business, the Plaintiff’s livelihood is most responsible for the Plaintiff, the Plaintiff’s violation of drinking driving, and there was no personal injury due to the Plaintiff’s drunk driving, the instant disposition is unlawful as it is excessively harsh to the Plaintiff, and thus, constitutes a deviation or abuse of discretionary power.

B. Even if the revocation of the driver's license on the ground of one drinking driving is the discretionary act of an administrative agency, today's automobiles are popular.