1. The plaintiff's claim is dismissed.

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

1. (i) On December 9, 2016, the Plaintiff was under the influence of alcohol at around 02:52 on a blood alcohol level of 0.146% on the part of the Plaintiff, and was exposed to the drinking control while driving approximately KRW 1 km on the front side of Seocheon City, Gyeyang-gu, Incheon.

B. On December 23, 2016, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (class 1 common and class 2 common).

On January 3, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on February 14, 2017.

【Fact-finding without a dispute over the grounds for recognition, evidence of Articles 4 through 14, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is legitimate, in full view of the following: (i) the Plaintiff’s blood alcohol concentration was measured higher than the drinking volume due to erroneous or severe body-dead, and the side effects of one-hour drinking drugs; and (ii) the Plaintiff is engaged as an automobile operating employee to maintain family’s livelihood; and (iii) the instant disposition is deemed unlawful as it deviates from and abused discretion, and thus ought to be revoked.

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the revocation of the license, and the disposal penalty points may be mitigated to 110 points for “the person who has been given an official commendation by the chief of a police station or higher who has been given an exemplary driver by causing a traffic accident or who has been given an official commendation by the chief of a police station or higher at the time of the disposition as an exemplary driver, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, the blood alcohol concentration exceeds