1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The issues of the instant case and the judgment of the court of first instance

A. On April 1, 2015, the key issue of the instant case: (a) the Defendant revoked the Plaintiff’s Class 1 ordinary driving license on the ground that “Around March 19, 2015, the Plaintiff was driving a D vehicle under the influence of alcohol concentration of 0.168% on the front of the road located in Busan B, Busan, on March 19, 2015, while driving a vehicle under the influence of alcohol concentration of 0.168%.”

(hereinafter “instant disposition”). The key issue of the instant case is whether there was an error of law that deviates from or abused the discretion of the instant disposition.

B. The first instance court’s judgment: ① the Plaintiff’s blood alcohol content is 0.168% and causes a traffic accident with human injury under the clear excess of the individual revocation criteria under the Enforcement Rule of the Road Traffic Act; ② the Plaintiff, other than the instant case, had the record of regulating the occurrence of a traffic accident with physical injury caused by driving under the influence of alcohol on September 10, 204 and April 20, 2010; ③ there were inevitable circumstances under which the Plaintiff is bound to drive under the influence of alcohol.

In full view of the following facts: (a) there is no circumstance to consider the circumstances leading up to drinking; (b) the administrative agency’s disposition cannot be deemed to have to be mitigated as it is necessary to maintain an occupation or maintain a livelihood of his family members; and (c) the Plaintiff is entitled to obtain a driver’s license again after the lapse of the disqualified period under Article 82(2) of the Road Traffic Act even if the instant disposition is revoked, the Plaintiff determined that the instant disposition was a legitimate disposition taken within the scope of discretionary authority on the ground that the public interest need to achieve the instant disposition cannot be deemed to be less than the disadvantage that the Plaintiff would incur, even if considering all the allegations presented by the Plaintiff.

2. The judgment of the court of this case and the plaintiff citing the judgment of the court of first instance are revoked by the disposition of this case.