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 19, 2008, the Plaintiff, while driving a motor vehicle under the influence of alcohol with a blood alcohol level of 0.156% on March 19, 2008 and with a blood alcohol level of 0.207% on July 16, 2013, has the history of revocation twice by violating the prohibition of drunk driving.

B. On October 25, 2018, the Plaintiff driven B vehicles while under the influence of alcohol of 0.061% of alcohol level around 22:50.

C. Accordingly, by applying Article 93(1)2 of the Road Traffic Act on November 3, 2018, the Defendant rendered a notice of revocation of a driver’s license (class 1 common) to the Plaintiff on the ground of “driving on at least three occasions” (hereinafter “instant disposition”).

D. The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on December 21, 2018. [Grounds for recognition] The facts of absence of dispute, Gap’s 1, 2, and Eul’s 1 through 10 evidence (which has a serial number) and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. Considering the fact that the Plaintiff’s alleged blood alcohol concentration is lower than the revocation criteria, the occurrence of a traffic accident, and the fact that the driver’s license is absolutely necessary for the work and family support as a mechanic, the instant disposition is unlawful by abusing its discretion.

B. According to the proviso of Article 93(1)2 of the Road Traffic Act, where a person who drives under the influence of alcohol and violates Article 44(1) of the same Act two times or more falls under the grounds for the suspension of driver's license by driving under the influence of alcohol, it is clear that there is no room for a disposition agency to revoke the driver's license. Thus, in cases falling under the requirements of the above provision, the disposition agency must revoke the driver's license without the discretion to choose whether to revoke the license.