1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On May 9, 2016, the Plaintiff has driven a vehicle while under the influence of alcohol 0.071%.

On September 24, 2019, at around 00:56, the Plaintiff driven a two-wheeled vehicle under the influence of alcohol level of 0.074% at the front side of Seongbuk-gu Seoul, Seongbuk-gu Seoul (hereinafter “instant drunk driving”).

On October 11, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) pursuant to Article 93(1)2 of the Road Traffic Act on the ground of the instant drunk driving (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 9, 2019, but was dismissed on January 21, 2020.

[Grounds for recognition] In light of the fact that there was no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 7, and the purport of the entire pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff did not have any accident during the drunk driving process of this case, and its driving distance is only 4 km, and the plaintiff who cooperates with the police investigation at the time the plaintiff was discovered, the driver's license is absolutely necessary for the plaintiff preparing the restaurant opening business, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful since it deviates from and abused

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall cancel the driver's license for the person who has driven at least twice, and the commissioner of a district police agency shall not be deemed to have discretion to choose whether to cancel the driver's license.

The aforementioned evidence may be admitted by taking into account the purport of the entire pleadings.