The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On April 29, 2020, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven B vehicles under the influence of alcohol of the blood alcohol level of 01:40% on February 13, 2020, while driving them to the front class of the D elementary school located in the same city, Mucompo-dong, Changwon-si, Masan-si, Changwon-si, and the same city, Musan-dong C.” (hereinafter “instant disposition”).

B. On May 12, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but the ruling dismissing the Plaintiff’s claim was rendered on June 9, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes abuse of discretionary power, considering the following: (a) the Plaintiff’s motion to drive on behalf of the Plaintiff, but the Plaintiff’s motion to drive on behalf of the Plaintiff was revoked, leading to driving on the instant case; (b) the Plaintiff’s motion to drive on behalf of the Plaintiff; (c) the Plaintiff got to undergo surgery due to an accident caused by driving on the instant drinking; (d) the Plaintiff

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In the instant case, the Plaintiff’s drinking level cannot be deemed as significantly high to 0.077% of blood alcohol level. However, the instant drinking driving caused a serious traffic accident that caused an injury to the other driver of the vehicle requiring medical treatment for about six weeks due to the instant drinking driving, thereby realizing the risk of drinking driving, and the Plaintiff was obliged to drive at the time.