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 17, 2019, the Defendant issued a disposition revoking a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff driven a cargo vehicle under the influence of alcohol level of 0.187% on the front side of Busan Gangseo-gu, Busan, on July 20, 2019, while under the influence of alcohol level of 0.187%.”

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on August 27, 2019, but rendered a judgment dismissing the Plaintiff’s claim on October 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes abuse of discretionary power when considering the fact that the Plaintiff’s assertion work on the Plaintiff’s ship led a drunk driving to go to hospital with pain, and that the Plaintiff’s occupational driver’s license is essential.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In this case, the Plaintiff’s drinking level is 0.187% of blood alcohol level, and the criteria for revocation of the driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act (the blood alcohol level is 0.08% or more), the Plaintiff’s inevitable circumstances that the Plaintiff had no choice but to drive under the influence of alcohol do not peep, the Plaintiff re-driving under the influence of alcohol even though it was redly controlled by the drinking driving on several occasions, and the revocation of the driver’s license is able to obtain a license again after the lapse of a certain period, and thus, the effect of sanctions is limited.