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 1, 2017, at around 21:25, the Plaintiff driven a D-car in the front direction of “C” located in Seo-gu, Daegu, Seo-gu, with the blood alcohol content measured 0.115% as a result of the pulmonary measurement conducted by the police officer around 21:44 on the same day.

B. On August 10, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I large, Class I common) as of September 11, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1 to 9 (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 that there was no history of drinking alcohol driving during the pertinent period, and there was no physical damage at the time of the instant disposition, and currently is employed as a tourism bus driver. Considering the disadvantages suffered by the Plaintiff due to the instant disposition and the aforementioned circumstances, the instant disposition is unlawful as it deviates from and abused discretion.

B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

2. The individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken condition (not less than 0.1 percent of blood alcohol concentration). The instant disposition conforms to the above criteria.

② Automobiles are rapidly increasing today.