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 October 31, 2016, around 23:12, 2016, the Plaintiff driven a golf-based 3 km from around the drinking house, in which it is difficult to find out the name near the station in which he/she is a child of the Jinjin-gu under the influence of alcohol 0.146% of alcohol level, and the Plaintiff driven a golf-based 3 km from around the drinking house in which it is difficult to find out the name near the station in which he/she is a child of the Jinjin-gu in the Jeonjin-gu, Seoul.

B. On November 9, 2016, the Defendant rendered a disposition to revoke the driver’s license (class 1 ordinary and class 2 ordinary) pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 7, 2016, but was dismissed on January 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 12 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all the circumstances, including the Plaintiff’s assertion that the Plaintiff has been driving a non-accident until now, and the Plaintiff is engaged in the business of delivering the lane, and when the driver’s license is revoked, the Plaintiff’s livelihood of his wife, three years of age, and one year of age is difficult due to the cancellation of his/her driver’s license. The instant disposition is unlawful as it goes against the principle of profit and bridge because the disadvantage that the Plaintiff would incur is too large and thus, it violates the principle of discretionary power.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms ought to be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to such disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances.

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