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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 July 15, 2019, the Plaintiff, while under the influence of alcohol of 0.165% from blood alcohol level on July 23:26, 2019, driven approximately 3.6 km from the trade in the plate located in the Pungdong located in the Pungnam-si, Sungnam-si, to the road front of the sperm death range in the Pungnam-si.
B. On August 21, 2019, 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 0.08%, which is the criteria for revoking the license.
C. On October 22, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 22, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff’s business member is essential for a driver’s license in light of the business characteristics that need to conduct business activities using a vehicle, the Plaintiff’s livelihood while supporting her parent and her mother, the blood alcohol concentration of this case was relatively lower than 0.118% as a result of blood test, and the Plaintiff’s disposition against the Plaintiff may be mitigated in accordance with the criteria for the administrative disposition of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, which set the criteria for the cancellation of drinking driving, based on the fact that the instant disposition is too harsh to the Plaintiff, and thus, should be revoked.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms is public interest 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 other relevant circumstances.