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 16, 2017, the Plaintiff was subject to a disposition of suspending a driver’s license (Class 1 common) for 100 days from July 26, 2017 to November 2, 2017 on the ground that the Plaintiff was a drunk driving on June 10, 2017.

B. At around 10:20 on August 5, 2017, the period of the said suspension, the Plaintiff was under the influence of driving B vehicles on the front side of a lot in the Busan High Do, Busan High Do, Busan High Do.

C. On August 28, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff was driving as above during the suspension period of the driver’s license.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Plaintiff’s claim was dismissed on November 1, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s circumstances, the Plaintiff’s assertion does not constitute an exception to the grounds for mitigation under the criteria for disposition; the Plaintiff’s business and the maintenance of livelihood requires the driver’s license; the Plaintiff’s license was driven once through the company’s bonus request during the suspension period; and other circumstances, the instant disposition exceeded the scope of discretion due to excessive suspicion; or abused discretion.

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 this case, the criteria for punitive administrative disposition are provided in the form of Ministerial Ordinance.