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 October 18, 2019, at around 17:15, the Plaintiff driven a B e-math truck under the influence of alcohol level of 0.101%, and 100 meters from the e-math truck in the vicinity of the river area in Suwon-si, to the e-math truck and the e-mail truck in the vicinity of the road in D.

B. On November 8, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses (hereinafter “instant disposition”) 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 base value for revocation of the license.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 3, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 7, 10 evidence, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following, the purport of the Plaintiff’s assertion: (a) the Plaintiff’s cargo vehicle parked on the phone at 5 p.m. on the day was deducted from the Plaintiff’s vehicle; and (b) the Plaintiff’s vehicle was controlled by drinking due to a minor contact accident; (c) the Plaintiff is a driver who delivers fishery products, etc. to the Center, etc.; (d) when the driver’s license is revoked, the Plaintiff cannot continue to work and maintain livelihood; and (e) the Plaintiff is obliged to support his spouse and children, the instant disposition should be revoked because it constitutes an unlawful act of abusing or abusing discretion by excessively harshing the Plaintiff.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining 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 relevant circumstances, etc.