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 October 6, 2019, at around 21:15, the Plaintiff driven a vehicle B with a alcohol level of 0.073%, while under the influence of alcohol at around 0.073%, and from the roads before the D University located in Gyeonggi-si C to the front road in the Gyeonggi-si in the Gyeonggi-si.

B. On April 12, 2009, the Plaintiff was subject to a disposition suspending driver's license on the ground that he/she was driven under the influence of alcohol content 0.062%.

C. On October 31, 2019, the Defendant issued a disposition to revoke the driver’s license for Class I ordinary and Class II motorcycles pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) on October 31, 2019, on the ground that the Plaintiff was making a drinking twice or more.

The Plaintiff filed an administrative appeal against the instant disposition on December 2, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on January 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the intent of the Plaintiff’s assertion did not cause personal or material damage due to the Plaintiff’s drinking driving; and (b) the driving distance was relatively short in 1km; (c) the Plaintiff used the ordinary driving; (d) the Plaintiff is performing the duties of painting in the automobile industry company; (e) the Plaintiff is in need of a driver’s license due to the nature of the duties; (e) the Plaintiff’s spouse and two children should be supported; and (e) the Plaintiff is going to not drive under the influence of alcohol; and (e) the instant disposition is deemed to be so harsh that the Plaintiff abused or abused the discretion by excessively harshing to the Plaintiff.

(b) as shown in the attached Form of the relevant statutes.

C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 2 of the Addenda of the Road Traffic Act, a person who drives under the influence of alcohol after June 30, 201 is re-employed.