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 September 3, 2019, at around 01:55, the Plaintiff driven a D vehicle while under the influence of alcohol 0.123% of alcohol concentration on the front of the C convenience store located in the Jeonsung-gun, Jeonsung-gun.

B. On September 19, 2019, the Defendant issued a disposition revoking the Plaintiff’s Class 1 and Class 2 ordinary driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol concentration of 0.123%, which is the base value for revocation of license.

C. The Plaintiff appealed and filed an administrative appeal on December 30, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not violate traffic regulations or drive under the influence of alcohol for about 25 years prior to driving under the influence of alcohol in this case. The plaintiff is an employee engaged in agriculture and needs vehicle operation for sale such as farming day and fertilizer. The plaintiff must bear living expenses to maintain his family's livelihood and repay monthly loans. In light of the fact that the driver's license is essential to continue his/her current work, the disposition in this case is deemed to have been excessively harshly harsh and thus, it is illegal to have abused and abused discretionary power.

B. (1) Determination of the relevant legal doctrine is made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In such cases, the criteria for imposing sanctions are prescribed in the form of Ordinance.