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 March 1, 2004, the Plaintiff was so-called the Army, and was promoted to Captain on December 1, 2007, and served as liaison officers from February 16, 2016 to BY C liaison Group.

B. On June 15, 2016, the Plaintiff received a summary order of a fine of three million won (No. 2016 high-ranking20 of the Korean Military Court at the sixth Military Court at the Korean Military Court) as a crime of violation of the Road Traffic Act (hereinafter “instant disposition”). On June 1, 2016, the Defendant issued a disciplinary action for one month of suspension from office pursuant to Article 56 of the Military Personnel Management Act (hereinafter “instant disposition”).

Specific facts subject to disciplinary action (hereinafter referred to as "the misconduct of this case") are as shown in attached Table 1.

C. The Plaintiff appealed against the instant disposition and appealed to the Disciplinary Appeal Committee, but the said Committee dismissed it on October 12, 2016.

[Ground of recognition] Facts without any dispute, Gap's 1 through 4, Eul's 9 through 18, the purport of the whole pleadings and arguments

2. Whether the disposition is lawful;

A. According to Article 8 [Attachment 5] of the Plaintiff’s alleged Army Disciplinary Regulation, Article 4-4 [Attachment 2] of the Ministry of National Defense’s Disciplinary Measure for Military Personnel, Military Service Officials, and Military Service Officials’ Disciplinary Measure for Military Service Officials should take into account the blood alcohol concentration as the most important factor in the case of the first drunk driving. In light of the Plaintiff’s blood alcohol concentration is 0.109% near 0.1%, the Plaintiff’s blood alcohol concentration is a more appropriate disciplinary measure, and unlike other executives who committed similar misconduct, the “salary reduction” is a more appropriate disciplinary measure, and unlike other executives who committed similar misconduct, the Plaintiff is extremely against equity by making a disposition of one month of heavy disciplinary suspension, which is extremely against the Plaintiff, and there is no occurrence of personal injury, such as human life, etc., even in a poor condition, he faithfully performs his duties and received official commendation several times after the instant disposition, and there is no evidence of criminal punishment or disciplinary punishment, and the unit members, including the Baln Disease Head, both of the Plaintiff and the instant misconduct.