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 December 10, 2017, the Plaintiff driven B cargo vehicles under the influence of alcohol with a 0.071% alcohol concentration at the front of the area of the Yeongdeungpo-gun’s Young-gun’s Young-gun’s Young-gun’s resting area, around 23:00.

B. On January 30, 2018, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license on the ground of drinking driving more than three occasions.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on March 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s pulmonary measurement value at the time of regulating the instant case was relatively low, that the Plaintiff did not cause human and physical damage due to drinking driving of the instant case, that the Plaintiff is in need of a driver’s license for occupation and maintenance of livelihood, and that the Plaintiff has harmed safe driving without traffic accidents after obtaining a driver’s license, the instant disposition was excessively harsh to the Plaintiff, thereby abusing the discretion.

B. Determination: ① The Plaintiff has already been able to revoke the driver’s license on two occasions (0.178% of blood alcohol level on July 20, 2008, 0.061% of blood alcohol level on August 20, 2013); ② No person shall drive a motor vehicle, etc. under the influence of alcohol, and the Commissioner of the Local Police Agency shall drive the motor vehicle under the influence of alcohol at least two times in violation of Article 44(1) or the latter part of Article 44(2) of the Road Traffic Act; and the Commissioner of the Local Police Agency shall revoke the driver’s license if the person who has obtained the driver’s license violates Article 44(1) or (2) of the Road Traffic Act at least two times and again falls under the cause for the suspension of the driver’s license in violation of Article 44(1) of the same Act. In light of the above, the administrative agency is merely able to revoke the driver’s license and there is no discretion to choose the suspension of the driver’s license.