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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 24, 2018, the Plaintiff driven B vehicles while under the influence of alcohol with 0.183% alcohol level around 22:50.
B. Accordingly, on November 16, 2018, by applying Article 93(1)1 of the Road Traffic Act, the Defendant rendered a notification of revocation of a driver’s license (Class I ordinary) to the Plaintiff (hereinafter “instant disposition”).
C. On January 8, 2019, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim seeking revocation of the instant disposition.
[Ground of recognition] The evidence Nos. 1 to 4, Eul Nos. 1 to 12, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff alleged that the plaintiff requested a substitute driver. Considering the fact that the substitute driver did not properly find the plaintiff's location on the ground of the external size, there are circumstances to consider the situation of the driver's driving at the end of the suspension of drinking, there is no damage caused by the drunk driving, the driver was actively involved in the detection, the driver's license is absolutely necessary due to a large number of local business trips, and there is difficulty in maintaining his/her livelihood and maintaining his/her livelihood when the revocation of the license is revoked, considering that the disadvantage of the plaintiff, which is much excessive than the disadvantage of the public interest to be achieved by the plaintiff, is exceeded, and thus, the disposition of this case is unlawful by abusing the discretionary authority.
B. Determination 1 motor vehicles are the mass means of transportation and accordingly, the necessity to strictly observe traffic regulations is greater as traffic conditions are congested by mass issuance of driver's licenses, and traffic accidents caused by drinking driving are frequently frequent and the results are harsh.