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 October 6, 2019, at around 01:50, the Plaintiff driven D vehicles under the influence of alcohol 0.164% in front of the C convenience store located in Geumnam-gun, Geumnam-gun (hereinafter “instant drinking”).

B. On October 17, 2019, the Defendant rendered a disposition to revoke 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 is no dispute, Gap's 1, 3 evidence, Eul's 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances such as the fact that the Plaintiff actively cooperated in the investigation of drunk driving after the pertinent drunk driving, the occurrence of human and physical damage, the fact that the vehicle of drunk driving was a non-accident driver for eight years, the degree of the distance of drunk driving was about 10 meters from the previous convenience store, the fact that the vehicle of drunk driving was discovered by the report of the neighboring persons and the economic difficulty was experienced, etc., 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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, the rules for administrative affairs inside the administrative agency shall be prescribed.