The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On July 24, 2020, at around 23:23, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.097% at the front of the Siljin-si (hereinafter “instant drinking”).

B. On August 6, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, and class 1 large dogs) 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 September 15, 2020.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, Eul No. 1, 2, and 5, 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 occurred, the Plaintiff actively cooperated in the investigation of a drunk driving after the pertinent drunk driving, the fact that a small amount of drinking alcohol was considered to have been driven, the fact that the level of measurement was excessive compared to the drinking amount, the possibility of an error of a drinking-free driver, the fact that the Plaintiff was the 18-year driver’s experience of accidentless driving, the Plaintiff’s vehicle operation is essential for living as a driver with 25 tons of 25 tons of 15 tons of 25 tons of 25, the Plaintiff experienced economic difficulties, and there are family members to support, etc., the instant disposition exceeded the scope of discretion or abused discretionary power.

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 such cases, the criteria for sanctions shall be the same.