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 January 16, 2020, the Defendant issued a revocation disposition on the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “The Plaintiff driven approximately 300 meters in front of the same Gu D apartment on the street in front of the building in the Sungsi-gu, Sungwon-si, Busan, while under the influence of alcohol level of 0.132% at around 23:15, Dec. 11, 2019.”

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on February 3, 2020, but on March 31, 2020, rendered a judgment dismissing the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes abuse of discretion when considering the following: (a) the distance of the Plaintiff’s alleged driving is merely 300 meters; (b) the use of a flat acting driving; and (c) the need for a driver’s license.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In the instant case, the Plaintiff’s alcohol level is 0.132% of blood alcohol level, and the criteria for revocation of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act (the blood alcohol level is 0.08% or more), the inevitable circumstances in which the driver had to drive at the time do not peep, and the revocation of driver’s license can be re-licensed after the lapse of a certain period, and the effect of sanctions is limited, taking into account the grounds asserted by the Plaintiff.