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, 2018, the Plaintiff indicated the disposition (Evidence B No. 1) around 01:41 as 02:05, but is just based on the results of the examination of evidence and the overall purport of the pleadings.

In the front side of Seongbuk-gu Seoul Metropolitan Government, Cbenz automobiles were driven in the state of alcohol with 0.126% alcohol concentration.

B. On September 18, 2018, the Defendant issued a notice of revocation of the Class 2 ordinary vehicle driver’s license (hereinafter “instant disposition”) to the Plaintiff on September 18, 2018, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 4, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Nos. 1, 9, and 13, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) The Plaintiff’s act of driving a motor vehicle is merely a 50-meter driving on the ground that a substitute driver, who was staying home with a substitute driver, did not properly find a destination. The reason why the substitute driver did not set up a vehicle on the one-lane near the place indicated in paragraph (a) of the same Article, and that he would prevent the risk of road traffic by moving the motor vehicle to a road edge. Thus, the Plaintiff’s act of driving a motor vehicle does not constitute an emergency evacuation and is not subject to sanctions. 2) In light of various circumstances, the instant disposition was excessively harsh and abused its discretionary power in light of various circumstances, such as the distance of the Plaintiff’s driving is short and there is room for considering the motive.

B. Sanctions against the alleged violation of administrative laws and regulations that are not subject to one sanctions shall be based on the objective fact that it is a violation of administrative laws and regulations in order to achieve administrative objectives.