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 September 30, 2015, the Plaintiff acquired a Class II ordinary driver’s license (B), and around October 6, 2017, around 00:25, the Plaintiff: (a) under the influence of alcohol at 0.127% (based on the application of the FIE formula) from the 156 B-ro, Yeongdeungpo-gu, Seoul Metropolitan City, to the front of the Do 156-ro 31-lane 31-gil, the Plaintiff controlled the volume of C-port car on the driving day of approximately 100 meters, while under the influence of alcohol.

B. On November 3, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to a drunk driving as stated in the preceding paragraph.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been using a usual driving, and the plaintiff, as a Chinese citizen, was first in the Republic of Korea for about five years prior to the construction site, and had engaged in an electric field work. The above field work should be used personal means of transportation, and since there is a request for work due to non-regular work, the above field work should be conducted anywhere. Therefore, driving is essential, the plaintiff is supported by his family, the blood alcohol concentration level is minor at the time of driving under the influence of alcohol, and the plaintiff is against the driving under the influence of alcohol in this case, and the disposition in this case is in violation of discretionary authority and abuse.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power shall objectively deliberate on the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all the circumstances pertaining thereto, and thereby be at a disadvantage that an individual suffers.