The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On May 23, 2020, the Defendant issued a revocation disposition on the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “The Plaintiff driven approximately 14 km in front of the Dmaart, which was under the influence of alcohol of 0.132% of the blood alcohol level, around April 30, 2020, while driving the B vehicle under the influence of alcohol level of 0.132% at the window C at the window of the original city, from the front of the Dmaart in the window in the city of Chang-gu E at the same time.”

B. On June 29, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but the ruling dismissing the Plaintiff’s claim was rendered on August 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 6, 12 (including provisional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition constitutes a deviation or abuse of discretionary authority in light of the Plaintiff’s assertion that the pertinent disposition was conducted without a long-term argument by the Plaintiff, that used a compliance driving, that used a usual driving, and that the driver’s license is necessary.

B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.

(2) In the instant case, the Plaintiff’s alcohol level is 0.132% of blood alcohol level, and the criteria for revoking the driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act (the blood alcohol level is 0.08% or more), the occurrence of a traffic accident causing physical damage due to the instant drunk driving, realizing the risk of drunk driving, and the revocation of the driver’s license is possible again after the lapse of a certain period, and thus, the effect of sanction is limited.