1. The plaintiff's claim is dismissed.

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

Details of the disposition

On February 2, 2019, the Plaintiff was under the influence of alcohol of 0.126% with blood alcohol concentration around 19:55, and was driving Csch Rexroth Cargo at approximately 20 km from the front road of Mapo-gu Seoul, Dongdaemun-gu, Seoul to the front road.

Accordingly, on March 11, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) against the Plaintiff on April 9, 2019.

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case is unlawful in light of the following facts: (a) there is no dispute; (b) Gap’s evidence Nos. 1, 11, Eul’s evidence Nos. 4 through 7, and 9; and (c) the purport of the entire argument as to the legitimacy of the disposition of this case; and (d) the Plaintiff’s assertion as to whether the disposition of this case is legitimate; (b) the Plaintiff inevitably intended to move a substitute engineer to a place where it is easy to teach; (c) the Plaintiff is unable to maintain his family’s livelihood if the Plaintiff’s driver’s license is essential and the Plaintiff is unable to perform his/her duties; (d) there was no danger to traffic due to drinking driving of this case; and (e) the Plaintiff had no record of driving

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual as well as the degree of infringement on public interest by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). In today’s rapid increase in automobiles and driver’s licenses are issued in large volume, and the need to strictly observe traffic regulations depending on the reduction of traffic conditions is growing, and in particular, traffic accidents caused by drinking driving are frequently and harshly.