The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On December 28, 2019, at around 23:15, the Plaintiff driven C vehicle under the influence of alcohol level of 0.147% in front of Asan City, B (hereinafter “instant drinking”).

B. On January 30, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large 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 May 12, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3 evidence, Eul’s 1, 2, 4 through 6, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the driving of the instant case, 27 years of accident experience, the rejection of the dispatch on the ground that the distance of movement was short, and the distance of drinking driving is only 200 meters, the plaintiff's operation of a restaurant is essential, economic difficulties are experienced, and there are family members to support the instant disposition. In light of all circumstances, the instant disposition is beyond the scope of discretion or abuse discretionary power.

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 this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal rules for administrative affairs of administrative agencies, and it is an external citizen or court.