1. The plaintiff's claim is dismissed.

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

1. On November 16, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (as of December 26, 2016, Class 1, Class 1, Class 2, Class 2, Class 2, and Class 2) as of December 26, 2016, on the ground that the Plaintiff driven a DNA motor vehicle under the influence of alcohol concentration of 0.126% at the front of the C Manpower Office located in Changwon-si, Changwon-si (hereinafter “instant disposition”).

On December 26, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 14, 2017.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition is unlawful since it deviates from and abused discretion in light of the fact that the Plaintiff’s alleged tour bus is essential to maintain his family’s livelihood by continuously driving the Plaintiff’s tourist bus.

B. In light of the following: (a) traffic accidents caused by drinking driving are frequent and the results of the accident are harsh; (b) the public interest needs to be ensured traffic safety to be achieved through the revocation rather than disadvantage to the party; (c) the Plaintiff’s drinking level constitutes the criteria for revocation of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act; and (d) there are no special circumstances to deem the instant disposition to be remarkably unreasonable; and (e) the Plaintiff has a two-time drinking alcohol level (0.063% of blood alcohol level on March 26, 201; and 0.054% of blood alcohol level on July 18, 2015).