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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 23, 2018, at around 02:20, the Plaintiff driven a B-hand car while under the influence of alcohol of 0.137%, and 10km from the front of a mutually influent restaurant in the lusent City C to the front of the lusent City D.
B. On December 8, 2018, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the criteria for revoking 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 January 22, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that no personal or material damage has occurred due to the Plaintiff’s drinking driving, the Plaintiff’s response to and again refrain from driving under influence, the Plaintiff is in charge of the duties of transferring materials and components, assembly, supply, and A/S while attending the company, and the Plaintiff is in charge of the duties of transferring materials and components, assembly, supply, and operation of a vehicle that is essential for the performance of duties, and thus the cancellation of the driver’s license is a place where the Plaintiff should retire from office if the driver’s license is revoked, and the Plaintiff must support his parents and reimburse his liability, the instant disposition has to be revoked since it is too harsh for the Plaintiff to have abused discretion
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 such disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.