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 March 29, 2017, the Plaintiff was under the influence of alcohol twice (round July 2002 and around December 2004) and was under the influence of alcohol, and around March 22:53, 2017, the Plaintiff was under the influence of alcohol at the front of the Seocho-gu Seoul Metropolitan Transportation Development Institute distance.

As a result of the respiratory measurement conducted at around 22:58 on the same day with respect to the plaintiff, the blood alcohol concentration was measured at 0.052%.

B. On April 21, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 2 common) on the ground that the Plaintiff had a two-time drinking driving record, on the ground that the Plaintiff had a three-time drinking driving record (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 30, 2017, but was dismissed on July 11, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 8, Eul's No. 1, 6, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On March 29, 2017, the Defendant issued the instant disposition based on the blood alcohol concentration (0.052%) based on the blood test collected at around 22:58. The Plaintiff’s final drinking time was around 22:40 on March 29, 2017. Considering that the Plaintiff’s final drinking time was around 22:40 on March 29, 2017, the Plaintiff’s driving time was at the time of the occurrence of the instant accident, and around March 22:53, 2017, when the Plaintiff’s blood alcohol concentration was at least 0.05%. Accordingly, the instant disposition based on this premise is unlawful. (2) The Plaintiff’s blood alcohol concentration and 500 cc alcohol concentration in the Plaintiff’s blood alcohol level exceeded the bounds of discretion during the period of 10 years or during which the Plaintiff’s blood alcohol level was measured. (3) The Plaintiff’s previous disposition of alcohol abuse during the period of 10 years or during which discretion was made.