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

A. On September 22, 2019, the Plaintiff driven B vehicles while under the influence of alcohol of 0.11% of alcohol level around 16:50.

B. Accordingly, on January 8, 2020, the Defendant rendered a notification of revocation of a driver's license (class 1 ordinary) to the Plaintiff.

(hereinafter “instant disposition”). C.

On April 14, 2020, the administrative appeal filed by the Plaintiff with the Central Administrative Appeals Commission against the instant disposition was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that there was no fact of damage caused by the Plaintiff’s assertion, that the distance of movement is relatively short of 1km, that actively cooperates with the detection of drunk driving, such as confession, and that the occupational driver’s license, which is engaged in a company specializing in transport, is absolutely necessary when the driver’s license is revoked, and that there is difficulty in maintaining livelihood, on-the-job job-seeking activities, family support, and debt repayment, the instant disposition is much more than that of the Plaintiff’s general public interest gained therefrom, and thus, it is unlawful by abusing the discretionary authority.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the act of disposition in question, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se are not in conformity with the Constitution or the relevant Act, or are in line with the relevant Act and subordinate statutes,