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 August 31, 2019, at around 07:25, the Plaintiff, while under the influence of alcohol, driven the B-learning passenger car at a level of 0.139%, and driven the B-learning passenger car at a level of 50km from the vicinity of the transfer distance in Suwon-dong, Suwon-dong, Suwon-si to the front road in E-si, Leecheon-si.

B. On September 25, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08% (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that no personal or material damage has occurred due to the plaintiff's drinking driving, the plaintiff's behavior against himself and again will not drive under the influence of alcohol, the plaintiff has been in a business management position, and the plaintiff has been in a position to suspend performance of duties when the license is revoked because of the need for mobility in the characteristics of duties, it is impossible to perform his duties, and the plaintiff needs to support his parents, and the vehicle driving is essential in order to enter the hospital for the plaintiff's child with severe disability, the instant disposition in this case should be revoked because it is too harsh to the plaintiff and it is in violation of the law of abuse of discretionary authority.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power shall objectively deliberate on the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all the circumstances pertaining thereto, and thereby be at a disadvantage that an individual suffers.