1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 29, 2019, at around 13:40, the Plaintiff, while under the influence of alcohol at least 0.050% of blood alcohol level on the front of the Gyeonggi-si Gabing Zone B, was in violation of the stop signal, and immediately left as it is in contravention of the stop signal, and the part of the front part of the Lone Star vehicle left left at the opposite line as the left turn pursuant to the new subparagraph was shocked by the front part of the cargo vehicle in front of the said Lone Star Ⅱ (hereinafter “instant traffic accident”). The Plaintiff suffered injury to the driver of the said Lone Star 2-day vehicle for about two weeks.

On December 11, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) on the ground that “the Plaintiff caused personal injury due to the instant traffic accident while driving the instant motor vehicle” (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 24, 2019, but was dismissed on February 11, 2020.

[Grounds] In light of the facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 10 (including additional numbers), the purport of the entire pleadings, and the legitimacy of the disposition of this case, the plaintiff asserted that the disposition of this case is legitimate, and the plaintiff actively cooperates in the investigation of drinking driving of this case, the plaintiff's driver's license as a construction worker is indispensable, driving is an important means to maintain family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful as it is against the law.

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving under the influence of alcohol, even though the revocation of the driver's license is the discretionary act of the administrative agency, it is today's mass means of transportation and accordingly the driver's license is issued.