1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. The Plaintiff is an assistant broker for licensed real estate agents. On April 25, 2013, the Plaintiff acquired a driver’s license (class 1 common).

B. Around 05:05 on July 28, 2019, while under the influence of alcohol at 0.135%, the Plaintiff driven a C-car (SM3) on the front of Gangnam-gu Seoul, Seoul, while driving the C-car at a distance of about 3 meters, and caused passengers, etc. to get off the taxi.

(hereinafter referred to as “drinking driving of this case”).

On August 23, 2019, the defendant revoked the plaintiff's driver's license on the ground of drinking driving in this case.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 9, 2019, but was dismissed on October 22.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 14]

2. Whether the instant disposition is lawful

A. The instant disposition is deemed to have exceeded the scope of discretion, or abused discretion, when considering all circumstances, such as the Plaintiff’s allegation distance, driving exemplaryly after obtaining a driver’s license, actively cooperated in the police investigation, the driver’s license is absolutely necessary, and the need for supporting family, etc.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) according to the standards prescribed by Ordinance of the Ministry of Public Administration