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 August 6, 2015, the Plaintiff driven a B motorcycle under the influence of alcohol with a blood alcohol concentration of 0.122% at around 21:26.

B. Accordingly, on September 2, 2015, the Defendant rendered a disposition to revoke the first-class ordinary driver’s license (hereinafter “instant disposition”) to the Plaintiff.

C. On September 10, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on October 28, 2015.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1 and 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s assertion that the Plaintiff had no history of drinking driving and traffic accident; (b) the Plaintiff maintained his livelihood as an employee at the construction site; (c) the driver’s license is essential; (d) community service activities are extremely and are in depth and are in contravention of the depth; and (d) the circumstances leading up to the inevitable drinking driving in order to have the grandchildren aboard and go on his house; and (e) the Defendant’s instant disposition constitutes a case where the discretion was abused or abused.

B. 1) In light of the fact that the revocation of a driver's license on the ground of drinking is an administrative agency's discretionary act, and today's motor vehicle is a mass means of transportation and accordingly the increase in traffic accidents caused by drinking driving, and the result of the increase in the driver's license on the ground of drinking driving, etc., it is very important for public interest to prevent traffic accidents caused by drinking driving (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). Therefore, when the driver's license on the ground of drinking driving is revoked on the ground of drinking driving, the general preventive aspect should be emphasized, unlike the revocation of the ordinary beneficial administrative act, rather than the disadvantage of the party who will suffer from the revocation. 2).