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 June 15, 2017, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the ground that “the Plaintiff was under the influence of alcohol at around 23:26 on May 28, 2017, and was under the influence of alcohol at least 0.061%.”

(hereinafter “instant disposition”). (b)

On July 10, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on August 22, 2017.

C. Meanwhile, on October 2, 2008, the Plaintiff was under the influence of alcohol 0.05% on the blood alcohol level and 0.094% on April 15, 2016, and was under the influence of alcohol.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful by abusing and abusing discretion when considering the characteristics of the occupation that is in charge of securing new customers and managing existing customers, the Plaintiff’s driver’s license is revoked, making it impossible to operate the business if the driver’s license is revoked. In addition, considering the blood alcohol concentration as seen above, the instant disposition is unlawful.

(b) Article 44 of the Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017) (1) No person shall drive a motor vehicle, etc. under the influence of alcohol (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);

(1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall obtain all driver's licenses in accordance with the standards prescribed by Ordinance of the Ministry of the Interior: