The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On June 26, 2020, at around 23:50, the Plaintiff driven D vehicles under the influence of alcohol 0.130% in the front of the C pharmacy located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant drinking”).

B. On July 24, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 motorcycles) 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 September 22, 2020.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1 through 3, 6, Eul’s 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion that the drinking driving of this case interfered with traffic flow or did not cause any traffic accident, active cooperation was made in the investigation of the drinking driving after the drinking driving of this case, that the drinking driving distance was only 50 meters, that is, the 18-year driving experience, that is, the Plaintiff’s local vehicle operation is essential, economic difficulties, and that there are family members to support, etc., the instant disposition 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 relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be inside the administrative agency.