1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. The Plaintiff acquired a driver’s license (class 1 common) on September 13, 2004.

B. On September 15, 2019, at around 08:13, the Plaintiff driven a D passenger car (SM5) at a distance of about 1 km from the front of the C Building at the time of sowing at the time of sowing at the convenience store B, while under the influence of alcohol, at around 0.153% of alcohol level (hereinafter “instant drinking driving”).

C. On October 16, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on November 1, 2019, but was dismissed on December 3, 201.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. In light of the fact that there is no personal or material injury caused by the instant drunk driving by the Plaintiff’s assertion, the exemplary driving for about 16 years after obtaining the driver’s license, the fact that the driver’s license was used as an agent, and actively cooperated in the police investigation, and the current status of the driver’s license was absolutely necessary in line with the previous duties but, considering all circumstances, such as family support and economic difficulties, the instant disposition exceeded the scope of discretionary authority or abused discretionary authority.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall obtain all driver's licenses in accordance with the standards prescribed by Ordinance of the Ministry of Public Administration and Security: