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 July 22, 2019, at around 23:44, the Plaintiff: (a) driven C or a passenger car with a blood alcohol concentration of 0.164% on the front of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant drinking”).

B. On August 3, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, 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 on October 28, 2019, but was dismissed on December 3, 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 alleged that the plaintiff actively cooperates in the drinking driving investigation after the drinking driving of this case, and there was no personal injury, and the driving distance is about about 20 meters, and the plaintiff is merely about 20 meters, and considering all circumstances, such as the fact that the operation of the vehicle is essential for visiting the construction site as a member of the company working at the artificial research company, economic difficulties, and there are family members to support, the disposition of this case is beyond the scope of the discretionary authority or abuse discretionary authority.

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 such cases, 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 administrative rules.