1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 20, 2009, the Plaintiff has the power to drive a vehicle while under the influence of alcohol with 0.074% alcohol level and 0.083% of alcohol level on July 4, 2011.

On September 20, 2019, at around 10:08, the Plaintiff driven Csch Rexton’s vehicle volume (hereinafter “instant drunk driving”) under the influence of alcohol level of 0.061% on the front side of Songpa-gu Seoul Metropolitan Government.

On November 8, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1, Class 1, Class 1, and Class 1) pursuant to Article 93(1)2 of the Road Traffic Act on the ground of the instant drunk driving (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 9, 2019, but was dismissed on January 21, 2020.

[Grounds for recognition] In light of the fact that there was no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6, and the purport of the entire pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff did not have any accident during the drunk driving process of this case. The driving distance is only 3 km, the plaintiff's cooperation with the police investigation at the time the plaintiff was discovered, the driver's license is absolutely necessary for the plaintiff running the restaurant, and the plaintiff faces economic difficulties due to the disposition of this case, the disposition of this case is unlawful since it

Judgment

Article 93 (1) 2 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke the driver's license in a case where the person who drives a motor vehicle while under the influence of alcohol drives the motor vehicle again while under the influence of alcohol and thus constitutes a ground for suspending

According to the language and text of the above provision, the commissioner of a district police agency shall cancel the driver's license for a person who has driven at least twice, and the commissioner of a district police agency shall not be deemed to have discretion to choose whether to cancel the driver's license.