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 November 13, 2019, at around 22:59, the Plaintiff driven a vehicle B with a alcohol level of 0.035%, while under the influence of alcohol, and around 3.5 km at the time of the Gyeonggi City, from the roads near the Hop House to the roads front of the Gyeonggi City, the Plaintiff driven a vehicle at approximately 3.5km.

B. On July 15, 2008, the Plaintiff was subject to a disposition suspending driver's license on the ground that he/she was driven under the influence of alcohol content 0.079%.

C. On November 28, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was making a drunk driving twice or more (hereinafter “instant disposition”) pursuant to Article 93(1)2 of the Road Traffic Act, on November 28, 2019.

The Plaintiff filed an administrative appeal against the instant disposition on December 16, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on February 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the substance of the Plaintiff’s assertion did not cause any personal or material injury due to the Plaintiff’s drunk driving, driving distance is relatively short of 3.5km, active cooperation is made with respect to the detection items, the Plaintiff’s driver’s license is essential due to the nature of the Plaintiff’s business as its corporate source, the Plaintiff’s support is to provide a mother-child and two children who are not good in health, and the Plaintiff is going against the present one and is going not to drive under the influence of alcohol again, and thus, the instant disposition has to be revoked since it was excessively harsh to the Plaintiff, thereby abusing the discretion.

(b) as shown in the attached Form of the relevant statutes.

C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) and Article 2 of the Addenda of the Road Traffic Act, a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201.