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 17, 2019, at around 10:45, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.197% at the front of the border drive (hereinafter “instant drinking”).

B. On November 9, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 1, class 1, and class 1) 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 February 11, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, Eul No. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperated in the investigation of drinking alcohol after the driving of this case, the traffic flow or the occurrence of human and physical damage, the 8-hour water surface at that time led to the driving of drinking alcohol by misunderstanding that the operation of the motor vehicle was terminated by the 8-hour water surface at that time, the plaintiff's vehicle operation is essential, economic difficulties are experienced, and there are family members to support the motor vehicle. In light of all circumstances, the disposition of this case 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 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.