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 7, 2019, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven B car under the influence of alcohol of 00:10% on blood alcohol level on July 9, 2019, at the front of a cafeteria in the jun-si, Kimhae-si, to the street near the same head of Dong-2 Dong-dong Voluntary Cemetery (hereinafter “instant disposition”).

B. On August 14, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on October 1, 2019, the Plaintiff rendered a final judgment dismissing the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4 through 7 (including provisional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the driver’s license is essential, simple drinking driving, driving distance is a short distance, and family’s livelihood, the instant disposition constitutes abuse of discretionary authority.

B. (1) Determination is that the public interest needs to prevent traffic accidents caused by drinking driving, because of frequent traffic accidents caused by drinking driving today's frequent and severe results, and the revocation of driver's license on the ground of drinking driving is more serious than the case of general beneficial administrative acts, unlike the case of general beneficial administrative acts, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized. The Plaintiff's driving level constitutes the criteria for revocation of driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.18% of blood alcohol concentration.

(2) In addition, in full view of the fact that the inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol do not peep, blood alcohol concentration, drinking power, and revocation of a driver’s license are able to obtain a license again after the lapse of a certain period, the Plaintiff is temporarily subject to sanctions.