1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On October 7, 2006, the Plaintiff has driven a vehicle while under the influence of alcohol 0.073% of alcohol level.

On December 31, 2019, at around 03:23, the Plaintiff driven C benz vehicle under the influence of alcohol concentration of 0.068% on the front of Songpa-gu Seoul, Songpa-gu (hereinafter “instant drinking”).

On January 20, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class I, II, and II) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that “the person who drives a motor vehicle in the manner of drinking re-driving, which constitutes a ground for suspending the driver’s license,” against the Plaintiff (hereinafter “instant disposition”).

On January 28, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on February 21, 2020.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 8, and the purport of the entire pleadings, whether the disposition in this case is legitimate, the plaintiff's blood alcohol level at 0.068%, the plaintiff actively cooperates in the investigation into drinking driving, the plaintiff's self-employed who maintains and repairs elevators and is an important means to maintain the family's livelihood, etc., the disposition in this case is unlawful since it is against the law since it deviates from and abused the scope of discretion.

The instant disposition revoking the entire driver’s license owned by the Plaintiff is unlawful.

Judgment

Article 93(1)2 of the Road Traffic Act provides that “The Commissioner of a Local Police Agency shall revoke the driver’s license in a case where a person who drives a motor vehicle under the influence of alcohol drives the motor vehicle under the influence of alcohol and constitutes a ground for suspending the driver’s license.”

According to the language and text of the above provision, the commissioner of a district police agency shall grant a driver's license to a person who has driven at least twice.