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 August 17, 2019, at around 21:10, the Plaintiff driven B vehicles with blood alcohol concentration of about 0.031% at the section of about 7.9km, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and about 7.9km at the right side of the parallel of inspection (hereinafter “instant drinking driving”).

B. On September 18, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license stated in the purport of the claim pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Defendant was driving under the influence of alcohol in the instant case even though he had past history of driving

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition on September 27, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on November 22, 2019.

The plaintiff had a record of drinking driving on February 17, 2010 before driving under the influence of alcohol of this case.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 27, Eul evidence 1 through 4, 7, and 8 (including the number of evidence Nos. 8), the purport of the whole pleadings]

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion does not cause any traffic accident due to driving under the influence of alcohol, there is no damage, the Plaintiff cooperates with the investigation, confessions, and reflects, and the Plaintiff’s driver’s license is essential to maintain his livelihood, the instant disposition is excessively unreasonable, and thus, is in violation of law that deviates from and abused the discretion.

(b) as shown in the attached Form of the relevant regulations.

C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, where a person who has been engaged in driving under the influence of alcohol due to a violation of Article 44(1) of the Road Traffic Act re-driving the driver’s license, the competent Commissioner of the Local Police Agency must inevitably revoke the driver’s license. As seen above, the instant disposition is a binding act in which there is no room for discretion, as long as the Plaintiff falls under