1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of disposition;

A. On April 13, 2017, the Plaintiff holding a Class 1 ordinary driver’s license was driving B automobiles up to the roads front of the Honam-gu National Statistical Office of Gwangju, Seogdong-gu, Seoul, under the influence of alcohol level of 0.143% at around 07:25, while under the influence of alcohol level of 0.143%.

B. On April 27, 2017, the Defendant issued a disposition revoking the Plaintiff’s first-class ordinary license on the ground of drinking driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on May 18, 2017, but the claim was dismissed on September 5, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 2, Gap’s 24, Eul’s 1 through 4(including paper numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the following: (a) the Plaintiff’s substitute driving before the Plaintiff’s assertion was returned home, and the control was placed while serving at work; (b) human and material damage was not incurred; (c) when driving under the influence of alcohol is recognized and reflected; (d) the driver’s license was served in an essential business position; and (e) there is a risk of unemployment if the license is revoked; and (e) the family’s livelihood is difficult; and (e) the instant disposition is more unfavorable than the public interest to be gained due to the instant disposition, and thus, the instant disposition

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the relevant act of disposal, and all relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se are