1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. At around 20:50 on May 13, 2020, the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.165% on the roads front of the New City, Jung-gu, Incheon, Jung-gu, Incheon, and discovered them to police officers.

B. On May 29, 2020, the Defendant rendered a decision to revoke the second-class ordinary license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.

(hereinafter “instant disposition”). C.

On July 23, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 25, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion driving at a short distance of 100 meters and there is no damage to the Plaintiff, the Plaintiff’s use of drinking alcohol by proxy, but became a drinking driver without any choice but due to his/her sudden change, the Plaintiff’s active cooperation in the police officer’s investigation, the Plaintiff’s occupation (insurance solicitors and branches of insurance corporations), the Plaintiff’s absolute necessity, and the Plaintiff’s wife and children must support, the instant disposition is an error of law that deviates from and abused discretion due to excessive restriction on the part of the Plaintiff.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms should be determined by comparing and balancing the degree of infringement of public interest and disadvantages suffered by individuals by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant disposal act, and the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards shall be determined.