1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of disposition;

A. On August 20, 2019, the Defendant issued a disposition to revoke the driver’s license of a motor vehicle on the ground that “The Plaintiff was found to have been drunk (0.19% of blood alcohol concentration) on July 24, 2008, but at around 07:00 on August 9, 2019, the Defendant: (a) driven the B motor vehicle on the street of the Plaintiff’s home at the window C at the window of the Changwon, while under the influence of alcohol level of 0.039% of alcohol level; and (b) driven the motor vehicle again by a person who violated the prohibition provision of drunk driving by driving approximately 3km in front of the Eriju station located in the same Gu D (hereinafter “instant disposition”).

B. On October 23, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on December 3, 2019, there was a ruling dismissing the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition is unlawful by abusing and abusing discretion in light of the fact that the Plaintiff’s right to attend work on the following day after drinking, driving a long-termless accident, and the need for a driver’s license in occupation, etc.

B. We examine the judgment, and the proviso of Article 93(1)2 of the Road Traffic Act provides that when a person who violates the same provision again violates the same provision, the driver’s license shall be inevitably revoked, there is no room for the disposition authority to decide whether to revoke the license.

Therefore, as long as the above facts of driving are recognized, the disposition of this case is legitimate.

Therefore, the plaintiff's assertion that the defendant has discretion to cancel the plaintiff's driver's license is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.