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 January 14, 2018, the Plaintiff driven B vehicles while under the influence of alcohol with 0.103% alcohol level around 01:40.

B. Accordingly, on January 19, 2018, the Defendant rendered a disposition of revocation of a driver’s license (class I large dog, large dog, and class II ordinary) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s blood alcohol concentration exceeds 0.03% of the base value of the disposition of revocation, and thus, it cannot be ruled out that the possibility of less than the standard value is within the error scope of the measuring instrument. In light of the fact that the Plaintiff, as an on-board driver, is engaged in driving business, and the Plaintiff’s loss of license results in difficulties in family support, the instant disposition is beyond the scope of the discretion or abuse of discretionary power.

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 disciplinary administrative disposition are prescribed in the form of Ministerial 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 must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,

Although the disposition can not be said to be legitimate, the above disposition disposition itself is the Constitution or law.