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 30, 2019, at around 21:55, the Plaintiff driven C vehicle under the influence of alcohol concentration of 0.126% on the front of Asan City B (hereinafter “instant drinking”).

B. On November 12, 2019, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (Class I ordinary) 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 January 14, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 4, the purport of the whole entries and arguments

2. Whether the disposition is lawful;

A. The Plaintiff alleged that the Plaintiff actively cooperated in the investigation of drunk driving after the pertinent drunk driving, the occurrence of human and physical damage, the accidentless driving experience for 10 years, and the distance of drunk driving is about 500 meters. The Plaintiff is in office in the D Company's exclusive product establishment team, and the vehicle operation is essential, and there is a family member to support and experienced economic difficulties. In light of all circumstances, the instant disposition exceeded the scope of discretion or abused 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 the 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 administrative agency's internal rules for administrative affairs, and it is not effective externally to guarantee citizens or courts, and whether the pertinent disposition is legitimate or not.