The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. At around 02:00 on May 30, 2020, the Plaintiff driven C vehicle under the influence of alcohol level of 0.068% at the front of B on the street in the front of B on the street (hereinafter “instant drinking”).

B. On July 17, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 and class 2) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol in the instant case even though he had past history of driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on September 8, 2020.

On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.

[1] Driving on January 2, 2016 (0.051% of blood alcohol level). 【Drinking on the ground of recognition】 Facts without any dispute, Gap’s 1, 2, 6, Eul’s 1, 2, 4, and 8(including paper numbers), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of all circumstances such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident occurred, the distance of the Plaintiff’s driving was about 200 meters, the active cooperation was made in the investigation into a drunk driving after the pertinent drunk driving, the Plaintiff’s operation of eco-friendly recycled products by self-employed business operators, which is essential for the operation of occupational vehicles, and there are family members who need to support, etc., the instant disposition was excessively harsh to the Plaintiff and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, a person who was discovered as a result of a drunk driving or a refusal to measure alcohol again constitutes a ground for suspension of driver’s license.