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 September 29, 2017, the Plaintiff driven B vehicles while under the influence of alcohol with 0.135% alcohol level around 22:20.

B. Accordingly, on November 3, 2017, the Defendant rendered a disposition of revocation of a driver’s license (Class I ordinary) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion is supplied and operated by the Plaintiff, and thus, the Plaintiff would be dismissed from the company when the Plaintiff’s driver’s license is revoked, and his family support difficulties, the instant disposition is beyond the scope of discretion or abuse 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 this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,

Although the disposition can not be said to be a legitimate one, it can be said that the disposition is not in itself consistent with the Constitution or laws, or that the sanctions imposed pursuant to the above disposition standards are considerably unfair in light of the content of the violation and the contents and purport of the relevant statutes.