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 9, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s first-class and first-class large vehicle driving license as of May 30, 2016 pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven D vehicles under the influence of alcohol of 0.108% in front of the front of the front guard room of the Busan-gun C apartment unit, Busan-gun, on April 7, 2016, on the ground that the Plaintiff driven D vehicles under the influence of alcohol of 0.10%.

B. On May 9, 2016, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission, but was ruled dismissed on July 5, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion is in charge of the management of the base station and the mobile phone quality service in the company operating communications facilities, and the driver’s license is essential; the Plaintiff’s arrival at the underground parking lot at the Plaintiff’s residence using the substitute driving, but the door connected to the elevator at the underground parking lot is not opened, and thus, the Plaintiff was inevitably driven to request assistance from the guard room; the Plaintiff has no record of drinking driving or traffic accident; and the instant disposition is final and conclusive, there is a risk of dismissal at the company. Thus, the instant disposition is unlawful since it constitutes a case where the Plaintiff’

B. In light of the fact that even if the revocation of a driver's license on the ground of drinking alcohol is the discretionary act of an administrative agency, today's automobile is the mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving, and the result therefrom are often involved, it is highly necessary for public interest to prevent traffic accidents caused by drinking driving (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997).