1. The plaintiff's claim is dismissed.

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

1. On September 1, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) as of October 17, 2017, on September 19, 2017, on the ground that the Plaintiff was driving a BSP motor vehicle under the influence of alcohol level of 0.196% on the road in front of a public parking lot in the Eastdong-gu, Busan (hereinafter “instant disposition”).

On October 19, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on December 12, 2017.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 12, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition is unlawful as it deviates from and abused discretion in light of the Plaintiff’s assertion that the Plaintiff continued to work in the workplace as a business employee to maintain his family’s livelihood, including the fact that the driver’s license is essential and that the Plaintiff has no power to drive drinking.

B. In light of the fact that today's judgment today requires frequent traffic accidents caused by drinking driving and the result thereof is harsh, and there is a great need for public interest to prevent traffic accidents caused by drinking driving, and the revocation of a driver's license on the ground of drinking driving, unlike the case of general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized than the disadvantage of the party. The Plaintiff's driving level constitutes the criteria for revoking driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.196% of blood alcohol level, and there are no special circumstances to deem that the disposition in this case is remarkably unreasonable, even considering the circumstances asserted by the Plaintiff, it is necessary to secure traffic safety to be achieved through the instant disposition.