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 engaged in security business. On June 18, 199, the Plaintiff acquired a driver’s license (Class II ordinary) on July 24, 2002, and acquired a driver’s license (Class I ordinary) on August 27, 2008, and was discovered while driving under the influence of alcohol with 0.082% of the blood alcohol concentration on December 20, 208.

B. On June 10, 2019, at around 23:05, the Plaintiff driven a D car (K5) at a distance of about 1.5 km from the parking lot of Jongno-gu Seoul Metropolitan Government B building to the front side of the same Gu C building (hereinafter “instant drunk driving”).

C. On July 4, 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 July 11, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

8. The dismissal was 13.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 17]

2. Whether the instant disposition is lawful

A. In light of all circumstances, such as the fact that there is no personal or material injury caused by the instant drunk driving, the use of a usual driving and active cooperation with the police investigation, the fact that the instant drunk driving retired from office due to the instant drunk driving, the driver’s license absolutely necessary to engage in the same kind of duties, and the family support and economic difficulties, the instant disposition was beyond the scope of discretion or abused discretionary power.

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under 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;