1. The plaintiff's claim is dismissed.

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

1. (i) On September 5, 2017, the Plaintiff driven a car of approximately 10 meters from B B benz GLC220d, under the influence of alcohol of 0.216% of blood alcohol content, to the roads adjacent to GLC20d, Sungnam-si, the Central District of 95 Egynam-gu, Sungnam-si, the 348-1, as it is in the mountain nature of Sungnam-si.

B. On September 21, 2017, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.

On October 18, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on December 5, 2017.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 16, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused and abused discretion, comprehensively taking into account (i) the legitimacy of the instant disposition; (ii) the Plaintiff did not have the history of drinking or traffic accidents for about 21 years; (iii) the level of driving is relatively short; (iv) the distance of driving is relatively short; (v) the Plaintiff actively cooperates in the investigation process; and (v) the fact that the driver’s license is required for the sake of family life and livelihood while operating food

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified exclusion requirements.” One of the requirements for the exclusion of mitigation, the blood alcohol concentration is 0.12% of the blood alcohol concentration.