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 July 28, 2019, at around 02:35, the Plaintiff driven C Poter Cargo Vehicles with a blood alcohol concentration of 0.116% at the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant drunk driving”).

B. On August 22, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 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 on August 29, 2019, but was dismissed on October 1, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 5 through 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff had been driving prior to the instant case, and the driving distance was too excessive to 300 meters, resulting in the instant drinking operation, but was immediately interrupted due to erroneous determination, and the Plaintiff was always required to drive for the purchase, etc. of Cheong water as a self-employed person who operates Cheong Water Points, taking into account all circumstances, such as the fact that driving falls under means of livelihood, the instant disposition was beyond the scope of discretionary power or abused discretionary power.

B. Determination 1 as to whether an 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, 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.