1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. The Plaintiff is a company member. On January 26, 1993, the Plaintiff acquired a driver’s license (class 2 common) and acquired a driver’s license (class 1 common) on February 6, 2003.

B. On May 6, 2019, the Plaintiff was under the influence of alcohol 0.270% (the numerical value measured at around 20:45) of blood alcohol level around 20:30 on May 6, 2019, while driving E rocketing another car at approximately 400 meters from the front of C Elementary School located in B in Namyang-si, Namyang-si (hereinafter “instant drunk driving”).

C. On May 31, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 26, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

8. The dismissal was 20.

[Identification Evidence: Evidence Nos. 1, 2, and No. 1 to 10]

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the blood alcohol level was measured at around 20:00 and the blood alcohol level was measured at around 20:45 when the blood alcohol level was increased. Thus, it is difficult to believe the blood alcohol level as it is. Considering all circumstances, such as the blood alcohol level reflects the instant blood driving and driving without a long-standing accident after obtaining the instant driver’s license, and the fact that the driver’s license is absolutely necessary and the individual rehabilitation procedure is underway, the instant disposition was unlawful or deviates from the scope of discretionary authority.

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License)