The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On February 23, 2020, the Plaintiff driven C vehicle under the influence of alcohol level of 0.153% at the front side of the Geum-gu Busan, Geum-gu, Busan, with a blood alcohol level of 0.153%.

B. On March 20, 2020, the Defendant rendered a disposition to revoke the first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.153% of alcohol level.

C. On April 22, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on May 26, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Determination

A. In light of the following: (a) the Plaintiff’s assertion only moved the distance of about 2 km in the main state; (b) the Plaintiff used the agency driver; (c) actively cooperated in the enforcement process; (d) traffic flow was obstructed or did not cause any traffic accident; (c) the Plaintiff’s daily occupation license of the construction company is necessary; (d) it has contributed to society due to the need to maintain livelihood and support for family members when the license is revoked; (e) it has contributed to volunteer service activities; and (e) it is seriously against the driving under the influence of alcohol, the instant disposition is unlawful by abusing discretion.

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as traffic conditions are congested on the day, and the traffic accidents caused by drinking driving are frequent and there are many cases where the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious.