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 21:00 on July 10, 2018, the Plaintiff driven C rocketing taxi while under the influence of alcohol concentration of 0.176% on the roads near Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

B. On July 24, 2018, the Defendant rendered a notice of revocation of the first-class ordinary vehicle driver’s license, second-class ordinary vehicle driver’s license, and second-class motorcycle driver’s license on July 24, 2018 to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 30, 2018.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, 4, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff abused discretion by taking into account various circumstances, such as the number of taxi drivers who belong to the taxi company, making it difficult to maintain their livelihood due to the instant disposition.

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 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 administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not should be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, as well as the above criteria for disposition.