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 September 12, 2016, at around 03:45, the Plaintiff driven Daoba (hereinafter “the instant Obaba”) under the influence of alcohol in front of Daegu Northern-gu B. On the same day, at around 03:58, the blood alcohol content was measured at 0.108% as a result of the respiratory measurement conducted by the control police officer.

B. The Plaintiff, who is dissatisfied with the above pulmonary test result, demanded blood collection, and on the same day, blood alcohol concentration was measured as 0.166% as the result of the request for appraisal after collecting blood on the same day.

C. On September 29, 2016, the Defendant issued a disposition revoking the driver’s license (Class I general and Class II small-sized businesses) as of November 2, 2016 on the ground that the Plaintiff driven under the influence of alcohol with a blood alcohol content of 0.166% (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on January 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 18 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Orala cannot be operated as a Class I ordinary driver’s license of this case. The Defendant’s revocation of the first-class ordinary driver’s license of this case, which is not related to Oralab, is unlawful. 2) The Plaintiff is engaged in the delivery business of Oralab, thus making it essential for the Plaintiff to drive, and when the driver’s license is revoked, it is difficult for his family to live. Considering the disadvantage that the Plaintiff suffers due to the instant disposition, the instant disposition is illegal as it deviates from

B. Article 93(1)1 of the Road Traffic Act provides that the Commissioner of the Local Police Agency shall comply with the standards prescribed by Ordinance of the Ministry of the Interior when a person who has obtained a driver’s license drives a motor vehicle while under the influence of alcohol in violation of Article 44(1).