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 March 15, 2017, at around 01:35, the Plaintiff driven a D-car while drunk in front of the C-cafeteria located in the Guro-si B. On the same day, at around 01:50, the blood alcohol concentration was measured by 0.109%.

B. On March 23, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of April 25, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on May 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition that rejected the grounds for mitigation without justifiable grounds despite the grounds for mitigation of the disposition under Article 91 [Attachment 28] of the Enforcement Rule of the Road Traffic Act to the Plaintiff is unlawful.

B. Determination 1) The former Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same applies)

Article 93(1)1 of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 121, Jun. 2, 2017; hereinafter the same) provides that “When a person who has obtained a driver’s license drives a motor vehicle, etc. while under the influence of alcohol in violation of Article 44(1) of the same Act, the Commissioner of the Local Police Agency may revoke the driver’s license or suspend the validity of the driver’

Article 91(1) [Attachment 28] of the Act provides that driver’s license shall be revoked when a person drives a vehicle at a level of not less than 0.1% of alcohol content in accordance with the individual criteria for revocation disposition on 2.1., and that “1. general standards”

(f) (1) The revocation of a driver's license for a drunk driving under paragraph (1).