1. The plaintiff's claim is dismissed.

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

1. On May 4, 2017, at around 00:55, the Plaintiff driven the DSM5 car volume (hereinafter “instant vehicle”) under the influence of alcohol level of 0.145% on the road in front of the C convenience store located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and on this ground, the Defendant issued a disposition revoking the Plaintiff’s first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Entry of Evidence Nos. 1, 2, 7 and 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a substitute driver and a substitute driver, and the Plaintiff is punished for vagabonds.

In view of the fact that the substitute driver's entry into a convenience store and the risk of an accident beginning on the crosswalk, and parked the instant vehicle at a point with a high risk of an accident, it is merely limited to driving up to 5 meters by immediately next parking lot to eliminate the risk of accident, and that there was no intention to drive under the influence of alcohol from the beginning, and instead, the substitute driver aided or induces the Plaintiff to drive under the influence of alcohol, and that there was no violation of traffic regulations except for those subject to the imposition of minor fines, the Plaintiff does not necessarily require driving to maintain livelihood, support the family members, and the economic situation is difficult, the instant disposition should be revoked since it is unlawful that the punishment is too harsh than the degree of the Plaintiff's violation, and thus, it is unlawful to have abused the discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. 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 increase in traffic accidents caused by drinking driving, and the seriousness of the results.