The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On April 17, 2020, the Defendant issued a disposition to revoke the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven approximately 500 meters from D on the front side of C in Yangsi City to the front side of E apartment, while under the influence of alcohol level of 0.109% on March 10, 2020, the Plaintiff driven the B vehicle under the influence of alcohol level of 0.109%.”

B. On April 28, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but the ruling dismissing the Plaintiff’s claim was rendered on June 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering the short distance of the Plaintiff’s alleged driving, the fact that the driver’s license is essential, and that the family should support, the instant disposition constitutes abuse of discretion.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In this case, the Plaintiff’s drinking level is 0.109% of blood alcohol level, and the criteria for revocation of the driver’s license (in excess of 0.08% of blood alcohol level) under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, the inevitable circumstances in which the driver had to drive at the time do not peep, the occurrence of a traffic accident resulting in physical damage due to the instant drinking driving, and the risk of drinking driving is realized, and the revocation of the driver’s license can be obtained again after the lapse of a certain period, and thus, the effect of sanctions is limited.