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 September 8, 2009, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and around December 22:38, 2015, while under the influence of alcohol at 0.082% of alcohol, the Plaintiff was found to have driven C Costex vehicle to the front way of the Geori Welfare Center located in the Giju City of Gyeonggi-gu, and was found to have been exposed to the crackdown on drunk driving.

B. On December 1, 2002, the Defendant issued the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act, on the ground that the Plaintiff, while driving the blood alcohol level of 0.054% on September 13, 2008 and driving the blood alcohol level of 0.103% on September 13, 2008, was in violation of Article 44(1) of the Road Traffic Act twice or more.

C. The Plaintiff filed an administrative appeal on December 24, 2015, but was dismissed on February 2, 2016.

【Reasons for Recognition】 Description of Evidence No. 4 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. Taking into account all the following factors: (a) the Plaintiff’s assertion was merely driving a short distance of approximately 500 meters at the time, and did not cause an accident that causes human and material damage; (b) the Plaintiff’s blood alcohol level was relatively high as a suspension value at 0.082%; and (c) the Plaintiff is running wholesale distribution business and the Plaintiff suffers from the family’s livelihood when driving is essential and revoked; and (d) the instant disposition constitutes a case where the Plaintiff excessively harshly abused or abused discretion.

B. Article 93(1)2 of the Road Traffic Act provides that when a person who has violated at least twice the driver's license again falls under the grounds for the suspension of the driver's license due to the driver's license, the commissioner of the competent district police agency must revoke the driver's license. In the case of this case, the person is under the influence of alcohol concentration of 0.082%, which is the grounds for the suspension of the driver's license, even if the Plaintiff had had the previous record of driving two times prior to the instant case.