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 January 16, 2018, around 16:05, the Plaintiff driven a D vehicle under the influence of alcohol level of 0.144% at the front of the Chang City Chyeong-si, J. B, and caused a traffic accident (personal damage of one ordinary person).

B. On March 8, 2018, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (class 1 common) on the ground of drinking driving.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on May 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion is a member of the company that is engaged in the Plaintiff’s business and needs a driver’s license for occupation and the maintenance of livelihood, and that it is against the Plaintiff’s depth, the instant disposition was excessively harsh to the Plaintiff, thereby abusing its discretion.

B. The instant disposition is based on Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, “the disposition of this case’s revocation of driver’s license”

2. In light of the fact that the above disposition criteria conform to subparagraph 2 of the individual disposition criteria, and there is no reasonable ground to deem the above disposition criteria to be in itself inconsistent with the Constitution or laws, and that the Plaintiff’s blood alcohol concentration is relatively high, the Plaintiff’s inevitable circumstance does not seem to have existed, and that the administrative agency cannot be deemed to have necessarily mitigated the disposition on the ground that the Plaintiff’s driver’s license is necessary for carrying out occupation and maintaining the livelihood of his family members, etc., even if considering the various circumstances alleged by the Plaintiff, it cannot be deemed that the Plaintiff’s personal disadvantage due to the disposition in this case exceeds the public interest needs to be achieved thereby

Therefore, the instant disposition is legitimate within the scope of discretion.