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 December 9, 2016, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.056% of alcohol level.

B. On July 14, 2019, at around 23:05, the Plaintiff, while under the influence of alcohol at a 0.047% of alcohol level, was driving B at a level of 1 km from the latter parking lot in Gangseo-gu Seoul Metropolitan Government C, to the front road of the same Gu building.

C. On July 25, 2019, the Defendant issued a disposition revoking the second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had been driving under the influence of alcohol again (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the distance of the vehicle is relatively short, the Plaintiff’s side-to-face and will not drive under the influence of alcohol again, and the Plaintiff is driving in the line and restaurant. The Plaintiff is driving in the line and restaurant in the line company. However, if the driver’s license is revoked due to the need for driving due to the nature of the business, it is impossible to perform his/her duties and it is at the place where the driver’s license is revoked, the instant disposition should be revoked because it is too harsh to the Plaintiff, and thus, it should be revoked.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff is driving a drinking motor vehicle again under the influence of drinking, and the reason for the suspension of driver's license is as follows.