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 February 8, 2006, the Plaintiff driven a motor vehicle under the influence of blood alcohol level of 0.075%, but the driver’s license was suspended. On November 25, 2009, while driving a motor vehicle under the influence of 0.121% of blood alcohol level on November 25, 2009, the driver’s license was revoked. However, on July 23: 28, 2018, the Plaintiff driven a D motor vehicle from the front day of the apartment B in the Government-si, to the front day of the Gu Building C, under the influence of alcohol level of 0.056% on July 28, 2018.

B. Accordingly, the Defendant rendered a disposition to revoke a driver’s license (class 2 ordinary) against the Plaintiff on the date stated in the purport of the claim (hereinafter “instant disposition”).

The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the Plaintiff did not drive a drinking alcohol for not less than nine years, the Plaintiff was already subject to an administrative disposition on the two-time drinking driving in the past, the circumstances leading up to drinking alcohol driving, the Plaintiff’s occupation and inevitability of driving for maintaining livelihood, the Plaintiff’s family relationship, and the Plaintiff’s contribution to the society, etc., the instant disposition was unlawful since it exceeded and abused discretion.

B. According to Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency shall revoke the driver's license in a case where a person who has violated the prohibition on drinking at least twice the driver's license again drives the vehicle and constitutes a ground for the suspension of the driver's license. As seen earlier, the defendant who is the commissioner of the Local Police Agency must revoke the driver's license without any discretion to the defendant, and there is no discretion to decide whether to revoke the driver's license.

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