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 November 20, 2018, the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.112% at around 08:05.

B. On December 6, 2018, the Defendant rendered a notification of revocation of a driver’s license (Class 1, Class 1, class 1, class 1, class 2, and class 2) to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 19, 2019.

[인정근겅] 다툼 없는 사실, 갑 제1, 2호증, 을 제1 내지 12호증(가지번호 있는 것은 가지번호 포함)의 각 기재, 변론 전체의 취지

2. Whether the disposition is lawful;

A. Taking into account the following: (a) the Plaintiff’s argument at the Plaintiff’s house, while taking a night, did not seem to have been engaged in driving; (b) the actual distance of movement was relatively short of 400 meters; (c) the Plaintiff’s drinking driving of the instant case was obstructed or caused a traffic accident; (d) the Plaintiff used the instant drinking driving as an agent; (e) the Plaintiff’s use of the instant drinking driving at ordinary times and actively cooperated with the investigative agency; (c) the blood alcohol concentration is relatively minor; (d) the Plaintiff’s blood alcohol concentration is relatively minor; and (e) the Plaintiff’s drivers’ license is absolutely necessary for the maintenance of livelihood and his family support (spouse and two children) including the support for the farming day of his mother-child.

Therefore, the instant disposition is unlawful by abusing discretion.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms ought to be made by comparing and balancing the degree of infringement on public interest and the disadvantages that an individual would suffer by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest to be achieved by the relevant act of disposal, and the relevant circumstances (see, e.g., Supreme Court Decision 200Hun