The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On March 12, 2020, at around 00:20, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.086% at the front of Bupyeong-gu Incheon, Bupyeong-gu (hereinafter “instant drinking”).

B. On April 6, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 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 June 23, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, Eul No. 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 alcohol after the driving of this case, the personal damage did not occur, the use of the ordinary driving by proxy, the moving of the substitute engineer to find a place of accommodation in the nearest area, the distance of drinking driving is a relatively short of 2 km, the plaintiff is in charge of the delivery of light and light oil, and the operation of the vehicle is essential, economic difficulties are experienced, and there are family members to support the disposition of this case, considering all circumstances, the disposition of this case exceeded the scope of discretionary authority or abused discretionary authority.

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, even if the criteria for punitive administrative disposition are prescribed in the form of Ministerial Ordinance, it shall be an administrative agency.