The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. The plaintiff on March 3, 2020

7. Around 07:11, a person driving B low-water pacting (hereinafter referred to as the “driving of this case”) in front of the Linaero-Gu, Dolle-ro, Dolle-ro, Dolle-do, in a state of alcohol alcohol concentration of at least 0.143%.

B. On March 23, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of April 20, 202 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 9, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s assertion did not cause damage due to driving under the influence of alcohol in the instant case; (b) the Plaintiff actively cooperated in the use and detection of ordinary driving; and (c) the driving under the influence of alcohol in the instant case constitutes cases where the possibility of criticism is significantly low; (d) the Plaintiff’s frequent driver’s license is absolutely necessary due to frequent business trips; and (e) the Plaintiff’s family members are financially difficult to support; and (e) the Plaintiff’s disadvantage that is infringed compared to the public interest protected by the instant disposition is significantly excessive

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by drinking driving and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by drinking driving should be more emphasized. The revocation of a driver's license is the general beneficial administrative act.