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 December 13, 2018, at around 00:40, the Plaintiff driven CMW 520D car volume while under the influence of alcohol level of 0.139% on the front of the Daegu Seo-gu, Daegu-gu B (hereinafter “instant drinking”).

B. On December 24, 2018, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on January 14, 2019, but was dismissed on February 12, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made on December 12, 2018 with the Plaintiff’s her mother-gu D while drinking alcohol, and the Plaintiff was forced to move D urgently to the hospital. The Plaintiff’s real estate sales adviser’s duty was inevitable. Thus, the Plaintiff’s operation of the instant vehicle is essential. On the other hand, the Plaintiff’s actual blood alcohol concentration is likely to be less than 0.12% because the blood alcohol concentration was increased at the time of the alcohol measurement. Considering these values, it is possible to reduce the instant disposition as prescribed in Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, but such circumstances were not taken into account, and the Plaintiff suffered economic difficulties, such as large amount of debt, etc., and the instant disposition is unlawful by exceeding the scope of discretion or abusing discretion.

B. The issue of whether the relevant legal doctrine-based administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power is intended to be achieved by the content of the offense as the grounds for the disposition and the pertinent disposition.