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

A. On December 22, 2019, at around 19:15, the Plaintiff driven a D vehicle under the influence of alcohol with a blood alcohol concentration of 0.123% in front of the CFwon located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant drunk driving”).

B. On February 3, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 17, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion actively cooperated in the investigation of drunk driving after the pertinent drunk driving, the fact that the Plaintiff moved from the previous commercial parking lot to the apartment parking lot, the distance of drunk driving is short, the Plaintiff’s vehicle operation is essential due to its business characteristics and economic difficulties, and there are family members to support, etc., the instant disposition is beyond the scope of its discretion or abuse its discretionary authority.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it is effective to externally bind citizens or courts.