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 July 22, 2019, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 and class 2 motor vehicles) as of August 21, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a vehicle C while under the influence of alcohol with a blood alcohol concentration of 0.098% on the roads of 00:05, Seogu-gu Seoul metropolitan market building (hereinafter “instant drinking driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 24, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion that it is necessary for the Plaintiff to operate an industrial gas store for delivery and customer management, the Plaintiff’s driver’s license is safe driving for about 32 years since the Plaintiff’s acquisition of the driver’s license without traffic accidents or alcohol driving for about 32 years, the blood alcohol level was not high at the time of the pertinent drunk driving, the family support and the repayment of debts are very difficult due to the instant disposition, and the instant disposition did not occur due to the instant drunk driving, and the Plaintiff’s depth is against the Plaintiff, the instant disposition is an illegal disposition that deviates from and abused by discretionary power due to excessive suspicion to the Plaintiff.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual 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 relevant circumstances.

In addition, the criteria for disposition are prescribed in the Ordinance.