1. The plaintiff's claim is dismissed.

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

1. On July 28, 2016, on the ground that the Plaintiff driven a Class 1 ordinary car (license number: C) of the Plaintiff on August 19, 2016, on the ground that he/she was under the influence of alcohol at 0.102% (the result of blood collection measurement) of blood alcohol concentration at 0.10% (the result of blood collection measurement), the Defendant issued the instant disposition that the Plaintiff revoked the Plaintiff’s Class 1 ordinary car driver’s license (license number: C) as of September 18, 2016, by applying Article 93(1)1 of the Road Traffic Act.

[Ground of recognition] No dispute, Gap 1 through 3, Eul 4 through 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff sent an agent after completing a sudden conference with the Japanese subsidiary accounting officer who visited the headquarters of Korea. However, the plaintiff sent a mobile phone, but he was found to have been exposed to the crackdown on drunk driving without finding the relevant fee for about one hour and 30 minutes on the wind where the mobile phone was set up and the coffee was set off.

In addition to these circumstances of driving, even though the respiratory alcohol content was 0.074% at the time of the crackdown, the request for blood collection was made by 0.102%, which is a minor bailee near the revocation criteria, the driving distance was relatively short and no damage was incurred due to drunk driving, the Plaintiff was in charge of accounting affairs for the preparation of a new divorce, and the Plaintiff received a loan, and was in charge of the current accounting affairs, so it is necessary to obtain a driver's license because there are many outside, and the Plaintiff made a prompt donation and volunteer service. In light of the above, the instant disposition constitutes an abuse of discretionary power by the Plaintiff, and thus, it constitutes an unlawful act.

B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary act, today's motor vehicle is a mass means of transportation and accordingly, the situation in which the driver's license is issued and the increase of traffic accidents caused by drinking driving.