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 April 13, 2019, at around 03:55, the Plaintiff driven C’s automobile fluoring level under the influence of alcohol level of 0.128% on the front of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant drunk driving”).

B. On April 30, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 motorcycles) 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 on May 22, 2019, but was dismissed on July 9, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 4 through 6, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in the investigation of drunk driving after the pertinent drunk driving, and that there was no personal injury, and that the driving distance is only 5 km, and that the Plaintiff’s commuting distance to and from work as a member of the company working in the Bupyeong-do Industrial Complex, is essential to operate a vehicle on duty for delivery purposes, economic difficulties, and there are family members to support, etc., 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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is only that the administrative agency's internal rules for administrative affairs are prescribed.