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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 6, 2019, at around 04:10, the Plaintiff driven C vehicle under the influence of alcohol level of 0.134% in front of Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant drinking”).
B. On October 23, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) 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 February 4, 2020.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 5, Eul's 1 to 4 (including additional numbers) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the drinking driving of this case, the 11-year driving experience, the meters of drinking driving were subject to the request for moving parking, and the distance of drinking driving is merely 1-2 meters, and the plaintiff's operation of the tasks is essential, and there are family members to support and economic difficulties. The disposition of this case is beyond the scope of discretion or abuse of discretionary authority.
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 the relevant circumstances.
In this case, even if the standard of punitive administrative disposition is prescribed in the form of Ordinance, it is nothing more than that of the administrative agency's internal rules for administrative affairs, and therefore there is no effect to guarantee the people or the court externally.