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 May 12, 2019, at around 02:40, the Plaintiff driven Cbents CWS 63% of alcohol level on the front of Nowon-gu, Seoul Special Metropolitan City, while under the influence of alcohol level 0.173% (hereinafter “instant drinking”).

B. On May 29, 2019, 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 on June 14, 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 4 through 7, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in the investigation of drinking alcohol after the pertinent drunk driving, and that human and physical damage did not occur, and that the driving distance is merely 800 meters, the Plaintiff’s vehicle operation is essential due to its delivery to its self-employed business operator, and there are family members who need to support, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary authority.

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, 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 has no effect to guarantee citizens or courts externally.