The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On April 13, 2020, at around 23:20, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.178% at the front of B at the time of influence (hereinafter “instant drinking”).

B. On April 29, 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 July 14, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 7, Eul's 1, 2, 4 through 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion actively cooperated in the investigation of drinking alcohol driving after the pertinent drinking driving, the occurrence of human damage, the distance of drinking driving is relatively short of 5km, the Plaintiff’s vehicle operation is essential, economic difficulties, and there are family members to support the construction site in order to attend the construction site while working in the construction company. The instant disposition is beyond the scope of discretion or abuse of discretion.

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 this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it is not effective externally to guarantee citizens or courts, and whether the pertinent disposition is legitimate or not.