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 June 13, 2019, around 21:43, the Plaintiff: (a) driven Cworking a rocketing car while under the influence of alcohol concentration of 0.16% on the front of the Southern-gu Incheon Metropolitan City B (hereinafter “instant drinking”).

B. On July 5, 2019, 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 on October 8, 2019, but was dismissed on November 19, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 6 through 9, 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 he actively cooperates in the investigation of drunk driving after the instant drunk driving, and that there was no personal injury, the Plaintiff considered the need to operate a vehicle on duty for visiting a construction site to employees working at the construction site, having economic difficulties, and having family members to support. The instant disposition exceeded the scope of discretion or abused discretionary power.

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 such cases, 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 relevant disposition is legitimate or not.