1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. The Plaintiff is a motor vehicle maintenance machine, which obtained a driver's license (class 1 ordinary) on March 31, 2001, and is under the influence of alcohol 0.071% of alcohol level on February 27, 2004.

On November 26, 2004, the driver's license was revoked, on August 19, 2005, the driver's license was acquired on August 19, 2005, and on February 23, 2010, the driver's license (Class 1) was acquired.

B. On June 19, 2019, at around 22:28, the Plaintiff driven a DNA-free car with approximately 15 meters distance from C front of Pakistan, while under the influence of alcohol, at around 0.181% of alcohol level. (hereinafter “instant drunk driving”).

C. On August 6, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

On August 30, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on October 15.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 16]

2. Whether the instant disposition is lawful

A. The instant disposition is deemed to have exceeded the scope of discretion or abused discretion, when considering all circumstances, such as the short distance of the Plaintiff’s assertion moving, the fact that there is no human or physical injury caused by the instant drunk driving, the active cooperation in police investigations, the occupational driver’s license is absolutely necessary, and the need for supporting family, etc.

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License) (1)