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 8, 2019, at around 04:29, the Plaintiff driven CK9’s car driving under the influence of alcohol level of 0.183% at the front of the Gu Government-si B (hereinafter “instant drinking”).

B. On June 27, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I 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 on July 3, 2019, but was dismissed on July 26, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 2, Eul’s 5 through 8, the purport of the whole images and pleadings as to Gap’s 51

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking alcohol after the driving of this case, and there was no personal injury, and the driving distance is less than 2.5 km, and this case had no choice but to drive because of the fact that the substitute engineer parked the vehicle on the railroad, the plaintiff is essential to operate the vehicle for his own business operator who sells the bathing material, is suffering from economic difficulties and there are family members to support. In light of all circumstances, the disposition of this case exceeded the scope of discretionary power or abused discretionary power.

B. Determination 1 as to whether an 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

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