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 11, 2017, the Plaintiff driven a car under the influence of alcohol with a blood alcohol concentration of 0.195% at the front of the C filling Station B located in the Jung-si of the Government on July 11, 2017.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 8, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on October 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 23, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) there was no occurrence of a traffic accident causing human and physical damage due to the Plaintiff’s assertion of alcohol driving; (b) the Plaintiff has been exemplary driving without traffic accidents or influence of drinking for 17 years; and (c) the Plaintiff’s driver’s license is essential to carry out his/her duties and support his/her family; and (d) the instant disposition is unlawful by abusing

B. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined not only in accordance with

and immediately. ....