1. The plaintiff's claim is dismissed.

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

Details of the disposition

On November 18, 2019, around 19:18, the Plaintiff, while under the influence of alcohol 0.063% of the blood alcohol level on the front road B in the city of U.S., the Plaintiff, while driving the CKan-Pac-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

On November 29, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground that “the Plaintiff caused personal injury due to the instant traffic accident while driving under the influence of alcohol” (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 18, 2019, but was dismissed on February 18, 2020.

[Grounds for recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 8, and the purport of the entire pleadings as to the validity of the disposition of this case, the distance of drinking driving of this case is only 4 km, the plaintiff actively cooperates in the investigation into drinking driving of this case, the plaintiff's operation of a subordinate company, which is essential means for the plaintiff to maintain his family's livelihood, and the disposition of this case faces economic difficulties, etc., the disposition of this case is unlawful as it deviates from and abused the scope of discretionary authority.

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving under the influence of alcohol, the revocation of the driver's license is an administrative agency's discretionary act, and today's 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.