The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. On October 10, 2019, while under the influence of alcohol 0.186% with blood alcohol content, the Plaintiff driven C-car from before the mutual influenite-dong in Songcheon-gu, Jincheon-gu to the same Gu’s underground parking lot (hereinafter “instant drinking driving”).

B. On November 15, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s first-class large driver’s license and first-class ordinary driver’s license (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on December 5, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on February 11, 2020.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 13, the plaintiff's assertion that there is no human or physical damage caused by the drinking driving of this case as to the legitimacy of the disposition of this case, the driving distance is relatively short to about 4 km, the plaintiff's mistake is recognized, reflects, and is not to drive again, and actively cooperate in the investigation, the plaintiff actively cooperates with the investigation, the plaintiff is driving under the influence of alcohol or has no history of causing a traffic accident, the plaintiff's driver's license is essential in light of the characteristics of the pharmaceutical company's business as a person engaged in the pharmaceutical company's business, the maintenance of his livelihood and family support are difficult if the driver's license is revoked, and the disposition of this case is unlawful because it exceeds the scope of discretion or abused discretionary power.

The issue of whether the instant disposition exceeded the scope of discretion or abused discretionary power is whether or not the relevant legal doctrine or disposition deviates from or abused the scope of discretion under the social norms is intended to be achieved by the content of the relevant violation and the relevant disposal act.