1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On October 9, 191, the Plaintiff acquired a driver’s license (Class 2 motorcycles) on February 3, 1995, acquired a driver’s license (Class 1 ordinary) on February 3, 1995, acquired a driver’s license (Class 2 small vehicles) on January 30, 199, and acquired a driver’s license on January 11, 2016 (Class 1 large-sized vehicles).

B. On September 30, 2019, at around 21:48, the Plaintiff driven a DNA car with a distance of approximately approximately KRW 150 meters from the ground parking lot to the ground parking lot on the front of the B apartment C-dong in Yangju City (hereinafter “instant drinking driving”).

C. On October 29, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 10, 2019, but was dismissed on February 4, 2020.

[Evidence Evidence: Evidence Nos. 3, 4, 6, 12, and Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. While returning home through a substitute driving at the time of the Plaintiff’s assertion, the instant disposition is beyond the scope of discretionary authority or abused discretionary authority, taking into account all the circumstances, such as the fact that the Plaintiff gets home through the substitute driving at the time of the Plaintiff’s assertion, the convenience of the substitute engineer gets a short distance for parking, model driving for about 20 years after the Plaintiff’s acquisition of the driver’s license, active cooperation in investigation, and the fact that the driver’s license is absolutely necessary for business management and business activities,

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License)