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 July 8, 2008, the Plaintiff was under the influence of driving a motor vehicle while under the influence of alcohol with 0.126% and 0.154% of the blood alcohol concentration on November 12, 201 and violated the prohibition of drinking.

B. On October 13, 2017, the Plaintiff driven B B, X 5.0 automobiles while under the influence of alcohol concentration of 0.078% on the road near the Gancheon-do “Yacheon-do,” which is located in the Gancheon-do.

C. On November 1, 2017, the Defendant notified the Plaintiff of the revocation of the first class ordinary vehicle driver’s license on the ground of the violation of the prohibition of drunk driving (hereinafter “instant disposition”).

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 20, 2018.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 4 evidence, Eul 1, 3 through 10 evidence (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as the Plaintiff’s need to visit customers, etc. who work in a company selling electronic equipment and are scattered in the place, and thus, making it difficult to maintain their livelihood due to the instant disposition, etc., by considering the characteristics of the Plaintiff’s business, the instant disposition is deemed to have abused discretion by excessively harshly

B. In full view of each of the provisions of Article 93 (1) 2 and Article 44 (1) of the Road Traffic Act, the Commissioner of the Local Police Agency shall revoke the driver's license in a case where a person who has violated the prohibition of driving under the influence of alcohol more than twice again drives under the influence of alcohol and thereby constitutes a ground for suspending the driver'

As seen earlier, the Plaintiff violated the prohibition of drinking driving again in two times, and the Defendant, the commissioner of a district police agency, must revoke the Plaintiff’s driver’s license without fail, and whether the Defendant has revoked the driver’s license.