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 August 7, 2019, the Defendant issued a revocation disposition on the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “The Plaintiff driven B car under the influence of alcohol of 0.087% with blood alcohol level around July 10, 2019, from D, which was under the influence of alcohol level of 0.087%, to D’s front road in Kimhae-si 1253, Sammun-dong, 1253 (4km) in front of the tunnel.”

B. On August 22, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on September 24, 2019, the Plaintiff rendered a final judgment dismissing the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4 through 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff’s driver’s license is essential, that is a simple drinking driver who does not cause an accident, and that the distance of movement is relatively short, the instant disposition constitutes abuse of discretion.

B. (1) Determination is that the public interest needs to prevent traffic accidents caused by drinking driving, because of frequent traffic accidents caused by drinking driving today's frequent and severe results, and the revocation of driver's license on the ground of drinking driving is more serious than the case of general beneficial administrative acts, unlike the case of general beneficial administrative acts, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized. The Plaintiff's driving level constitutes the criteria for revocation of driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.087% of blood alcohol concentration.

(2) In addition, taking into account the inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol, blood alcohol concentration, and revocation of driver’s license is possible to obtain a license again after a certain period of time, and the effect of sanctions is limited to a limited period of time, the circumstances alleged by the Plaintiff.