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 November 3, 2003, the Plaintiff driven a motor vehicle under the influence of alcohol 0.097% by blood alcohol level, while driving the motor vehicle under the influence of alcohol 0.097% by blood alcohol level on April 4, 2006.

B. After that, on June 30, 2019, the Plaintiff, while under the influence of alcohol at 0.035% of alcohol level around 21:54 on June 30, 2019, driven B K5 automobiles, and 500 meters from the front of the D Company located in Seongbuk-gu, Sungnam-gu, Seoul to the front of the road.

C. On July 25, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses to the Plaintiff (hereinafter “instant disposition”) on July 25, 2019, on the ground that the Plaintiff was driving again under the influence of drinking alcohol.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the distance from driving is relatively short, the Plaintiff’s self-driving is going against and again, and the Plaintiff is expected not to drive under the influence of alcohol. The Plaintiff is in a position to retire from working if he is unable to drive for a long time due to the cancellation of the license, and the Plaintiff must support his spouse and children, and provide support for hospital expenses and living expenses with the thickness of his parents, so the instant disposition should be revoked as it is excessively harsh to the Plaintiff and constitutes an abuse of discretionary authority.

B. Determination of Article 93(1) proviso and Article 93(2) of the Road Traffic Act shall suspend a driver’s license by driving under the influence of alcohol again.