1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On February 24, 2003, the Plaintiff acquired a driver’s license (class 1 common), and was discovered while driving under the influence of alcohol 0.115% on February 4, 2009, and the driver’s license was revoked on March 16, 2009. The Plaintiff acquired a driver’s license (class 1 common) on October 14, 2009.

B. On May 3, 2020, the Plaintiff, while under the influence of alcohol at around 23:36, 0.118% of blood alcohol level, driven a Crane car at a distance of about 5 meters on the front of the Dongjak-gu Seoul Metropolitan Government B apartment (hereinafter “instant drinking driving”).

C. On June 23, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On July 7, 2020, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, however, the Plaintiff filed an administrative appeal.

8. It was dismissed on 18.

[Identification Evidence: Evidence No. 1, 2, Evidence No. 1 to 12]

2. Whether the instant disposition is lawful

A. In light of the overall circumstances, such as the fact that the Plaintiff’s alleged mobile distance is short and there is no personal or material injury caused by the drinking driving of the instant case, the use of a usual driving and active cooperation by the police investigation, and the use of households, etc. for the purpose of maintaining livelihood by taking into account the fact that the driver’s license absolutely is absolutely necessary for maintaining livelihood due to the nature of the business and the circumstances such as the household type, etc., the instant disposition

(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) (1) A commissioner of a district police agency shall obtain a driver's license (excluding student licenses; hereafter the same shall apply in this Article).