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 December 25, 2018, at around 02:20, the Plaintiff driven C Pool car while under the influence of alcohol concentration of 0.185% on the front side of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant drunk driving”).

B. On January 23, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, and salvage) 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 January 28, 2019, but was dismissed on February 22, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 6 through 9, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion actively cooperated in the investigation of drinking alcohol driving after the instant drinking driving, and considering the fact that the Plaintiff is essential to operate his/her occupational vehicle as a safety manager at the construction site, having economic difficulties, and having family members to support, the instant disposition exceeded the scope of discretion or abused discretion.

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, and the legality of the disposition is not only the above criteria for disposition, but also the relevant laws