1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

가. 피고는 2018. 6. 6. 원고에게 “원고는 2018. 5. 11. 01:30경 혈중알콜농도 0.102%의 술에 취한 상태로 B 승용차를 창원시 마산합포구 해운동 소재 성지아울렛 주변 노상에서 같은 구 밤밭고개로 365 감로정사 앞 노상까지 약 1km를 운전하였다.”는 이유로, 자동차운전면허 취소처분(이하 ‘이 사건 처분’이라 한다)을 하였다.

B. On June 22, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on July 27, 2018, the Plaintiff rendered a final judgment dismissing the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 6 and 7, the purpose of the whole pleading

2. Whether the disposition is lawful;

A. In light of the circumstances such as the Plaintiff’s assertion that it is essential to drive the Plaintiff’s occupation, the mere driving, the blood alcohol concentration is relatively minor, and the family’s livelihood and reflect, the instant disposition constitutes abuse of discretionary power.

B. (1) Determination is that the public interest needs to prevent traffic accidents caused by drinking driving, because of frequent traffic accidents caused by drinking driving today's frequent and severe results, and the revocation of driver's license on the ground of drinking driving is more severe than the case of general beneficial administrative acts, unlike the case of general beneficial administrative acts, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized. The Plaintiff's driving level constitutes the criteria for revocation of driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's driving level 0.102% of blood alcohol concentration.

(2) In addition, the inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol do not peep, the blood alcohol concentration, the Plaintiff’s records of driving under the influence of alcohol, and the revocation of driver’s license are able to obtain a license again after the lapse of a certain period, and thus, the effect of sanctions