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 29, 2017, around 00:50, the Plaintiff driven a D car in front of “C” in the north-gu, Mapo-si B, Mapo-si, Mapo-si. On the same day, at around 00:58, the Plaintiff was found to have been 0.153% of the blood alcohol content as a result of the pulmonary measurement conducted by the control police officer.

B. On July 20, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of August 12, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on September 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 19 evidence, Eul evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was always used as an agent at all times when drinking alcohol, and there was no physical damage at the time of the instant case, and the Plaintiff’s automobile operation is essential for the Plaintiff’s occupation. Considering the disadvantages incurred by the Plaintiff due to the instant disposition and the above circumstances, the instant disposition was unlawful as it was an abuse of discretionary power.

B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

2. The individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken condition (not less than 0.1 percent of blood alcohol concentration). The instant disposition conforms to the above criteria.

(2) today.