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 August 12, 2017, at around 03:31, the Plaintiff driven a B ASEAN car while under the influence of alcohol leveling 0.167% at the string of the building in the Seocho-gu Seoul East Building, Seocho-gu, Seoul, under the influence of alcohol leveling 0.167%.

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

On September 1, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, and class 2) 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 November 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 22, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion did not cause a traffic accident due to driving under the influence of alcohol, and the fact that the Plaintiff’s driver’s license is essential, the instant disposition is unlawful by abusing and abusing discretion.

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

The disposition can not be said to be legitimate, but the above disposition standards are in itself consistent with the Constitution or laws.