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 May 22, 2003, the Plaintiff was under the influence of driving a motor vehicle with a blood alcohol concentration of 0.081%, and 0.086% of the blood alcohol concentration of 0.086% on March 1, 2009 and violated the duty of prohibition of drunk driving.

B. On May 31, 2019, the Plaintiff driven C Lastsing car under the influence of alcohol at the front of Mapo-gu Seoul, Seoul, with a blood alcohol concentration of 0.066% (hereinafter “instant drunk driving”).

C. On June 13, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I common) on the ground of the instant violation of the duty not to drive under influence of alcohol, which constitutes the violation of the duty not to drive under influence of alcohol (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 3, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 26, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and Eul Nos. 2 through 7 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of all circumstances such as the Plaintiff’s assertion that there was no physical and human damage caused by the pertinent drunk driving, the blood alcohol concentration is not high, and the active cooperation in the investigation of the drinking driving is limited to 1 km, and the driving distance is merely only one km. The Plaintiff’s disposition of this case exceeded the scope of discretion or abused discretionary power.

B. According to the proviso of Article 93(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018), where a person who violated Article 93(1)2 of the same Act, namely, Article 44(1) of the same Act on at least two occasions (Prohibition of Driving under the influence of alcohol), once again violates the same, and thereby constitutes a ground for suspension of driver’s license, the defendant is the defendant.