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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 May 4, 2018, the Plaintiff, while under the influence of alcohol at around 22:35, driven D motor vehicles from the upstream of the Gurisidong to the front of the C cafeteria located in B of the same city, from the flusium located in the Gurisidong to the c cafeteria located in B.
B. Accordingly, the Defendant rendered a disposition to revoke a driver’s license (class 2 ordinary) against the Plaintiff on the date stated in the purport of the claim (hereinafter “instant disposition”).
The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion that there was no personal and material damage due to the instant driving, the Plaintiff’s inevitable driving of the Plaintiff’s occupation on the business day, the Plaintiff’s circumstances leading to drunk driving, the Plaintiff’s opposition to drinking, family support and economic difficulties, etc., the instant disposition is unlawful since it deviates from and abused the discretion.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms ought to be determined by objectively examining the substance of the offense, which is the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all the circumstances complying with such disposition, etc., by comparing and balancing the degree of infringement of public interest and the disadvantages to be inflicted on an individual (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). In a case where the Presidential Decree or Ordinances of Ministries stipulate the disposition standards, the disposition standards per se do not conform to the Constitution or laws, or are considerably unfair in light of the content of the offense against which the disciplinary administrative disposition in accordance with the above disposition standards is the grounds for the disposition, and the content and purport of the relevant statutes, barring any reasonable grounds to believe that such disposition is considerably unfair