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 July 22, 2016, at around 00:35, the Plaintiff driven at approximately 1 km a car under the influence of alcohol concentration of 0.193% from the Gangnam-gu Seoul Metropolitan Government Doro-dong to the front roads of the same Gu B.

B. On August 3, 2016, the Defendant issued a disposition revoking the Plaintiff’s Class I ordinary driver’s license from September 6, 2016 pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving in a state of drinking alcohol content of more than 0.1%.

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on September 1, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion is against the Plaintiff’s depth while recognizing a drunk driving, and that the Plaintiff’s driver’s license is needed for livelihood as he currently engaged in the delivery business, the instant disposition was too harsh and abused its discretion.

(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 (including any driver's license within the scope; hereafter the same shall apply in this Article) or suspend the validity of the driver's license for a period not exceeding one year in accordance with the standards prescribed by Ordinance of the Ministry of the

1. Where a person drives a motor vehicle, etc. while under influence of alcohol, in violation of Article 44 (1), Article 91 of the Enforcement Rule of the Road Traffic Act (Standards for Cancellation and Suspension of Driver's License, etc.) (1) Where the person violates traffic regulations by which the driver's license may be revoked or suspended pursuant to Article 93 of the Act,