The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On April 18, 2020, at around 21:33, the Plaintiff driven C vehicle under the influence of alcohol level of 0.139% in front of the Geumsan-gun, Geumsan-gun (hereinafter “instant drinking”).

B. On May 4, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) 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 July 24, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 24, 26, Eul evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the drinking driving of this case, it was without the history of drinking driving, it was 25 years of accident experience, and the traffic flow or the traffic accident occurred due to the drinking driving of this case. The plaintiff suffered from disease such as the Healebrate certificate, 12 chests and the 2nd mar, etc. for hospital treatment, which requires driving for hospital treatment, the plaintiff is in need of driving, and the plaintiff is also in need of driving in both fields and ginseng, and is suffering from economic difficulties, and there are family members to support, etc., the disposition of this case exceeded the scope of discretionary power 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.