The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On April 7, 2020, the Defendant issued a disposition to revoke the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven approximately 8 km from the Seongdong-gu Seoul Metropolitan City Market Parking Area to the front end of the D apartment in the same Gu under the influence of alcohol level of 0.127% around March 6, 2020.”

B. On April 27, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but the ruling dismissing the Plaintiff’s claim was rendered on June 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 10, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes abuse of discretionary power when considering the following: (a) the Plaintiff’s motion to drive the vehicle on behalf of the Plaintiff; (b) the Plaintiff’s motion to drive the vehicle on the wind that the vehicle is revoked on the ground of lock; (c) the driver’s license was used for accidentless driving; and (d) the driver’s license is essential.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In the instant case, the Plaintiff’s drinking level is 0.127% of blood alcohol level, and the Plaintiff’s drinking level exceeds the criteria for revocation of driver’s license (0.08% or more of blood alcohol level) under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, which does not peep any inevitable circumstance that had been required to drive at the time, and the risk of drinking driving is realized by causing a traffic accident that has physical damage due to the instant drinking driving.