1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On August 19, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class large vehicle driving license as of August 27, 2015, by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven B low-class vehicle in the state of drinking 0.138% of blood alcohol concentration on the 17th road of 16-gil, Seo-gu, Incheon, Seo-gu, Incheon, on July 16, 2015.

[Ground of recognition] No dispute, entry of evidence of subparagraphs 4 through 9, the whole purport of pleading

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 직장 동료들과 회식을 마치고 나서 귀가를 위해 대리운전업체에 전화한 상태에서 대리운전기사의 도착이 늦어지자 승용차에 들어가 기다리다가 깜빡 잠이 들었고, 잠결에 실수로 차량 기어를 건드려 차량이 10m 가량 앞으로 전진하는 바람에 다른 차량과 경미한 추돌사고가 발생하게 되었다.

Since the plaintiff is not intentionally driving a motor vehicle, the disposition of this case on the ground of drinking under the Road Traffic Act is unlawful.

Even if it is not so, the Plaintiff’s disposition in this case is unlawful because it constitutes an abuse of discretionary authority against the Plaintiff when considering various circumstances, including the following: (a) the Plaintiff waiting for a substitute driver; (b) there was no witness at the time of the accident; (c) the Plaintiff made his best efforts to cope with the accident; (d) the driving distance is very short of ten meters; and (e) the Plaintiff’s driver’s license is urgently needed for emergency exit, etc. when taking charge of the inspection of electric communication facilities and equipment in the Korea Electric Power Corporation; and (e) the Plaintiff is in charge

B. Article 2 subparag. 19 of the Road Traffic Act provides that "driving" of Article 2 of the Road Traffic Act provides that "driving" means using a vehicle on the road according to its original use.

The concept of driving referred to in this article is the same.