1. The plaintiff's claim is dismissed.

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

1. The Defendant issued the instant disposition, on November 20, 202, on the ground that the Plaintiff driven a B vehicle under the influence of alcohol concentration of 0.115% on the ground that: (a) on August 20, 2010, the Plaintiff was driving each under the influence of alcohol level of 0.127% on August 20, 201; and (b) on the ground that (c) on May 3, 2017, the Plaintiff driven a vehicle under the influence of 0.060% in blood alcohol level of 89 statistical office distance at the Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City on May 3, 2017, the Defendant revoked the Plaintiff’s driver’s license as of June 28, 2017.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 21, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of all the circumstances, including the Plaintiff’s blood alcohol content at the time of running the instant drunk driving, which was relatively lower than 0.060%, and the Plaintiff’s occupational driver’s license is required and the Plaintiff’s spouse and two children are supported, the instant disposition constitutes a case where the Plaintiff excessively abused and abused discretion due to excessive suspicion.

(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of the Interior:

Provided, That in cases falling under subparagraphs 2, 3, 7 through 9 (excluding cases where the regular aptitude test period expires), 12, 14, 16 through 18, and 20, the driver's license shall be revoked.

2. Where a person who has violated at least twice the latter part of Article 44 (1) or (2) again falls under the ground for suspension of driver's license, in violation of paragraph (1) of the same Article;

C. According to the proviso of Article 93(1)2 of the Road Traffic Act, automobiles are under the influence of alcohol not less than twice.