1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On August 24, 2017, the Plaintiff was under the influence of alcohol of 0.143% from the blood alcohol level on August 24, 2017, while driving B motor vehicles from the Gangnam-gu Cheonggu Seoul Cheongdam-dong Cheonggu, Seoul to the 119th class street of the same Samsungdong.

B. Accordingly, on the date stated in the purport of the claim, the Defendant issued a disposition revoking the driver’s license (class 1 and class 2 small) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1, 4 through 9, purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff asserts that the disposition of this case is unlawful since it deviatess from and abused discretion in light of the fact that there was no personal and material damage due to the driving of this case, the plaintiff's inevitable driving in the occupation of the plaintiff, and the situation of the plaintiff's drinking driving.

In this regard, the Defendant asserts that the instant lawsuit filed with the lapse of the filing period is unlawful.

B. Article 142 of the Road Traffic Act provides that "No administrative litigation against a disposition taken under this Act shall be instituted without going through an adjudication on an administrative appeal." There is no evidence to acknowledge that the plaintiff had undergone a legitimate administrative appeal prior to the filing of the instant lawsuit seeking the cancellation of the disposition.

(1) As of January 15, 2018, this Court ordered the Plaintiff to submit to the Plaintiff a certificate of receipt of an administrative appeal claim or a written ruling evidencing that the Plaintiff had gone through the procedure of pre-determination in documentary evidence, but the Plaintiff did not respond to the above order of correction until now). Therefore, the instant lawsuit is unlawful as it was filed without going through a lawful administrative appeal ruling.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.