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 November 2, 2019, at around 01:18, the Plaintiff driven D vehicles under the influence of alcohol 0.11% in front of the C cafeteria located in Seosan-si B (hereinafter “instant drunk driving”).

B. On December 3, 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, but was dismissed on February 11, 2020.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1 through 3, 6, Eul’s 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperated in the investigation of drinking alcohol after the driving of the instant case, the traffic flow or the occurrence of human material damage, the accidentless experience for 14 years, the distance of drinking driving is relatively short of 3 km, the plaintiff is in need of vehicle operation due to the characteristics of the manufacturing business, is suffering from economic difficulties, and there is a family member to support, etc., the disposition of the instant case is beyond the scope of discretion or abuse of discretionary power.

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 relevant circumstances.

In this case, even if the standard of punitive administrative disposition is provided in the form of Ordinance, it is nothing more than that of the administrative agency's internal rules for administrative affairs, and thereby externally binding citizens or courts.