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 3, 2018, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol around 21:30 on April 22, 2018, driven approximately 500 meters from the D cafeteria located in Young-si C to the front of the E building, while driving the B car under the influence of alcohol level of 0.117%.”

B. On May 31, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on July 27, 2018, the Plaintiff rendered a final judgment dismissing the Plaintiff’s request.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 6 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion of his occupation requires a driver’s license for commuting to and from the Plaintiff’s occupation, the drinking alcohol level does not significantly exceed the revocation standard, the driving distance is a short distance, and the Plaintiff is a simple drinking driver, the instant disposition is illegal as it constitutes abuse of discretionary authority.

B. (1) Determination is that the public interest needs to prevent traffic accidents caused by drinking driving, because of frequent traffic accidents caused by drinking driving today's frequent and severe results, and the revocation of driver's license on the ground of drinking driving is more severe than the case of general beneficial administrative acts, unlike the case of general beneficial administrative acts, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized. The Plaintiff's driving level constitutes the criteria for revocation of driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.17% of blood alcohol concentration.

(2) In addition, ① inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol do not peep, ② blood alcohol concentration and the records of drunk driving, ③ the revocation of driver’s license is able to obtain a license again after the lapse of a certain period.