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 December 22, 2019, at around 22:38, the Plaintiff driven a B-car with a maximum of 2 km alcohol level of 0.127% under the influence of alcohol level, from the vicinity of the Dong Park at the time of the Gyeonggisan-si to the front road at the time of the Gyeonggisan-si.

B. On January 8, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the criteria for revoking the license (hereinafter “instant disposition”).

C. On February 5, 2020, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 31, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material injury has occurred due to the Plaintiff’s drunk driving and the driving distance of the vehicle is relatively short of 2 km, active cooperation has been made with respect to the detection, the Plaintiff’s driver’s license is essential for commuting to and from work at night shift work as its member, the Plaintiff’s mother is supporting the Plaintiff’s child, and the Plaintiff’s support for the act of drinking alcohol driving in this case is in profoundly against the Plaintiff, and it is against the Plaintiff’s intention to avoid such a mistake, and thus, the instant disposition should be revoked since it is too harsh to the Plaintiff, thereby abusing the discretion.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power shall objectively deliberate on the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all the circumstances pertaining thereto, and thereby be at a disadvantage that an individual suffers.