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 13, 2017, around 23:05, the Plaintiff driven a B-car under the influence of alcohol on the front side of the Southern-gu Underground Road located in the Daegu-gu Seodong. On the same day, at around 23:13, the Plaintiff was found to have been 0.14% of alcohol concentration as a result of the pulmonary measurement conducted by the control police officer.

B. On June 20, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of July 25, 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 3, Eul evidence 1 to 8 (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 instant disposition is unlawful for the following reasons.

① Article 51 of the Criminal Act provides that “In determining punishment, the offender’s age, character and conduct, relationship with the victim, motive, means and consequence of the crime, shall be taken into account in determining punishment.” This case’s disposition did not take into account all the above matters, but violated the above provision.

② Article 10 of the Constitution provides that “All citizens shall have dignity and value as human beings and have the right to pursue happiness.” The instant disposition was violated.

B. Determination 1) When a person who has obtained a driver’s license drives a motor vehicle while under the influence of alcohol in violation of Article 44(1), the driver’s license may be revoked or suspended for a period not exceeding one year in accordance with the standards prescribed by Ordinance of the Ministry of the Interior.