1. The instant lawsuit shall be dismissed.

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

1. Details of disposition;

A. On May 29, 2016, the Plaintiff holding a Class 1 ordinary driver’s license: (a) while under the influence of alcohol by 0.134%; (b) around May 23:58, 2016, the Plaintiff driven C car up to the roads front of the former B gardening.

B. On June 30, 2016, the Defendant issued a disposition to revoke the driver’s license on the ground of the foregoing drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and raised an objection against the Defendant on July 19, 2016, but did not file an administrative appeal.

【Facts without dispute over the grounds for recognition】 1; Gap evidence 1; Gap evidence 6; Eul evidence 1 through 4; the purport of the whole pleadings

2. Whether the instant lawsuit is lawful, the Plaintiff abused and abused the instant disposition beyond its discretion.

Appellant and motion for its revocation.

Before determining the plaintiff's assertion, the lawsuit of this case is legitimate ex officio.

Article 142 of the Road Traffic Act provides that administrative litigation on a disposition under this Act can not be filed without the decision of the administrative appeal.

However, according to the above facts of recognition, the plaintiff only raised an objection against the defendant on the disposition of this case and did not file an administrative appeal. Thus, the lawsuit of this case is unlawful since it was filed against the principle of administrative appeal transfer.

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.