The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On July 5, 2020, at around 23:42, the Plaintiff driven D Poter Vehicle while under the influence of alcohol level 0.031% (hereinafter “instant drunk driving”).

B. On July 21, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (Class 1 large vehicle) as of August 20, 2020, pursuant to Article 93(1)2 of the Road Traffic Act, against the Plaintiff on the ground that the Defendant had driven under the influence of alcohol more than the second day.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 22, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6, Eul evidence 12 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion: (a) obtained a cargo transport operator’s qualification certificate and maintained his/her livelihood; (b) the Plaintiff’s spouse is in the actual position and needs a driver’s license for the sake of maintaining the livelihood of the Plaintiff and his/her family; (c) the Plaintiff was driving since he/she was not able to drive after about four hours after her drinking 2 miles; and (d) the driving distance is short and did not cause traffic accidents; and (e) the Plaintiff’s disadvantage against the Plaintiff, compared to the public interest protected by the instant disposition, is remarkably excessive; and thus, the instant disposition is unlawful by abusing and abusing discretionary authority.

B. The proviso of Article 93(1) and Article 93(2) of the Road Traffic Act, and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) provide that when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for suspension of driver's license, the commissioner of the competent district police agency shall revoke the driver's license without fail. Thus, the person who drives under the influence of alcohol more than twice.