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 August 14, 2004, the Plaintiff obtained a Class I ordinary driver’s license (B) from the Commissioner of the Seoul Local Police Agency on August 14, 2004, and around July 30, 2016, around 03:30 on July 30, 2016, the amount of Cchip car was controlled by the police as the date of driving under the influence of alcohol by 0.148% from the discharge distance located in the Seocho-gu Seoul Metropolitan Government.

B. On August 19, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license with respect to driving under influence as stated in the preceding paragraph (hereinafter the instant disposition).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 23, 2016, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on September 27, 2016.

On August 31, 2016, the Plaintiff was issued a summary order that sentenced a fine of KRW 3 million to a violation of the Road Traffic Act (driving) by the Seoul Central District Court Decision 2016 High Court Decision 201Da17955 on August 31, 2016. The Plaintiff did not raise any objection and became final and conclusive around that time.

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

2. Determination on the legitimacy of the disposition

A. On the day of the instant case, the Plaintiff asserted that he was traveling to a vehicle parked after drinking with the scams, and took a rest in the steering room. However, the Plaintiff demanded BMW vehicle to move the vehicle, and the Plaintiff was unable to find any other method, thereby moving the vehicle to 5 meters, and again taking a rest and rest again.

As such, the instant disposition is unlawful as a disposition that deviates from and abused discretion when comprehensively taking into account the circumstances leading up to driving under the influence of alcohol, and the distance of driving is short, and there was no record of driving under the influence of alcohol since the acquisition of the license.

B. (1) Determination is based on whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms.