1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of disposition;

A. On June 19, 2017, the Plaintiff holding Class 1 and Class 1 ordinary drivers’ licenses was driving B automobiles from the 20 upper apartment parking lot in the 20 upper apartment parking lot in Gwangju Northern-ro to the 294 modern hospital emergency room in front of Gwangju Northern-gu, under the influence of alcohol level of 0.145%.

B. On July 3, 2017, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 and Class 1 ordinary driver’s license on the ground of drinking driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 19, 2017, but the claim was dismissed on August 31, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 16 evidence, Eul's 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the fact that the Plaintiff’s alleged personal and material damage did not occur, there was an accident without fault between 18 and 18 years, the fact that the Plaintiff returned home on the day of the instant case due to the sudden driving, that the driver’s license is essential due to the nature of duties to visit the work site or contract site from time to time, the driver’s license is lost if the license is revoked, and the family support is difficult, and thus, the instant disposition is more unfavorable than that of the public interest to be gained due to the instant disposition, and thus, the instant disposition was deviates from and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms ought to be made by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 200Hun-