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 June 18, 2019, at around 23:04, the Plaintiff driven C-wing and freight cars with a blood alcohol concentration of 0.136% at the front of the Guri-si B (hereinafter “instant drinking”).

B. On July 6, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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 on July 12, 2019, but was dismissed on August 13, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 5 through 8, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful in light of all circumstances, including the following: (a) the Plaintiff cooperates in the enforcement procedure after drinking alcohol; (b) the Plaintiff did not incur physical damage; and (c) the Plaintiff’s driver’s license is a worker performing graveyarding construction works, which is indispensable to drive a driver’s license; (d) economic difficulties; and (e) there are family members to support.

B. Determination 1 as to whether an 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, 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 agency's internal rules for administrative affairs, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate is not only the above criteria for disposition, but also the related statutes