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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 12, 2009, the Plaintiff acquired Class 1 ordinary driving licenses, and Class 1 large driving licenses on April 19, 2016, respectively.
B. On October 20, 2019, around 21:02, the Plaintiff driven a e-vehicle while under the influence of alcohol content of 0.181% from the front of the Mancheon-si B building to the front of the D-cafeteria located in the same city, the Defendant issued a disposition against the Plaintiff on November 11, 2019 to revoke the Plaintiff’s license for Class 1 and Class 1 ordinary vehicle driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal on December 5, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 21, 2020.
On December 19, 2019, the Plaintiff was issued a summary order of KRW 8 million due to a violation of the Road Traffic Act (driving) with respect to the act of driving under influence of alcohol by the District Court Decision 2019 High Court Decision 201Da14573, and the said summary order was finalized on January 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 13 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) The plaintiff is a person who carries on long-distance transportation using large cargo vehicles and was engaged in a long-distance transportation on the day of the instant case, and was locked at the back seat of the driver's seat of the said cargo vehicle after drinking alcohol on the day of the instant case. However, the plaintiff, who was locked by a large number of people, was frightened, and the plaintiff, who was locked by the sound, caused extreme fear, and was able to sit in the driver's seat of the vehicle. The plaintiff was a driver's seat of the vehicle, who was frightened by the outside, and was forced to sit in the driver's seat of the vehicle. Thus, the plaintiff's disposition of the instant case was unlawful because there was no reason for the disposition of the plaintiff.