1. The plaintiff's claim is dismissed.

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

1. Summary of disposition;

A. On December 13, 2018, the Defendant issued a revocation of the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven B car while under the influence of alcohol of 0.124% of blood alcohol content on November 28, 2018, up to the Egypted in front of the Egypted in D ( approximately 1.7km) on the street in the front of the Gyeongnam-gun, Chungcheongnam-gun, Gyeongnam-gun.”

B. On January 4, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, a ruling dismissing the Plaintiff’s claim was rendered on January 25, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 5, 6, 7 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff’s assertion did not have a long-term traffic accident or the influence of drinking driving, the Plaintiff is a simple drinking driver without any damage, the driver’s license is essential, the depth of the Plaintiff’s family life, etc., the instant disposition constitutes deviation and abuse of discretionary authority.

B. (1) Determination is that the public interest needs to prevent traffic accidents caused by drinking driving, because of frequent traffic accidents caused by drinking driving today's frequent and severe results, and the revocation of driver's license on the ground of drinking driving is more severe than the case of general beneficial administrative acts, unlike the case of general beneficial administrative acts, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized. The Plaintiff's driving level constitutes the criteria for revocation of driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.124% of blood alcohol concentration.

(2) In addition, the inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol do not peep, the blood alcohol concentration, and the revocation of a driver's license are able to obtain a license again after the lapse of a certain period, and the effect of sanctions is limited to a limited period.