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 June 23, 2017, the Plaintiff driven a motor vehicle under the influence of alcohol level of 0.086% in blood.

B. Accordingly, the Plaintiff, while under the influence of alcohol leveling to 0.068% among blood transfusions on December 14, 2019 on December 14, 2019, was driving B Ra, and 3 km from the front road located in Ha Government City C to the front road in Ha Government City E-si.

(c)

On January 15, 2020, the Defendant issued a disposition to revoke the Plaintiff’s bicycle driver’s license for Class 1 common and Class 2 motor vehicles (hereinafter “instant disposition”) on the ground that the Plaintiff had a driving power under the influence of drinking again.

(d)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on June 2, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The substance of the Plaintiff’s assertion that no physical damage has occurred due to the Plaintiff’s driving of drinking, and the distance of driving is relatively short, and the Plaintiff’s non-driving of drinking again is contrary to the Plaintiff.

In light of the fact that the Plaintiff is working at the platform company for delivery service, and the Plaintiff is in need of driving to perform his/her duties as a relation in charge of the business, so the cancellation of the driver’s license is impossible to perform his/her duties, and is in the position to discontinue his/her duties, and the Plaintiff must support his/her natives and the Plaintiff should bear the principal and interest of the loan and the family’s living expenses. The instant disposition should be revoked because it is too harsh to the Plaintiff and is in violation of the law of abuse of discretionary power.

B. Determination of the proviso to Article 93(1) of the Road Traffic Act and Article 93(2)2 of the same Act shall be revoked in cases where a person who drives a drinking again drives a drinking and thus constitutes grounds for the suspension of a driver’s license.