The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On June 8, 2020, at around 20:55, the Plaintiff driven C vehicle under the influence of alcohol with 0.115% alcohol level at the front of Seosan City B (hereinafter “instant drinking”).

B. On July 9, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary) 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, but was dismissed on August 28, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 7, Eul’s 1, 2, 4 through 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident, the driving experience for 32 years, the distance of drinking driving is only 40 meters, the active cooperation was made in the investigation of drinking driving after the driving of the instant case, the use of the agency driving at the time, the use of the agency driving at the time, the return of the agency driving at the convenience store and the use of the agency driving at the time, the Plaintiff was driving at a short distance. The Plaintiff was a contracting officer, who is in need of a long-term living driver’s license due to the distance from his workplace, economic difficulties, and there were family members to support, the instant disposition exceeded the scope of discretionary authority or abused discretionary authority.

B. Whether a punitive administrative disposition exceeds the scope of discretion under the generally accepted social norms or abused discretionary power is determined by comparing and balancing the degree of infringement on public interest and the disadvantages that an individual would suffer from 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.