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 May 10, 2019, at around 00:00, the Plaintiff was under the influence of alcohol level of 0.073% on the front of Songpa-gu Seoul, Songpa-gu, Seoul, and was under the influence of driving Cenz E300 automobiles, and was under the control of police officers.

B. On May 29, 2019, the Defendant imposed 110 points to the Plaintiff on the ground that the Plaintiff violated the above duty of prohibition of driving under the influence of alcohol, which constitutes the ground for suspension of license, added 30 points to the Plaintiff’s given points that the Plaintiff was imposed as a violation of the traffic classification on June 19, 2018 (in addition, 110 points (i.e., 40 points) and 140 points in total (i.e., 110 points) were above 121 points for one year, on the ground that the Plaintiff’s given notice of revocation of the driver’s license (wholly amended by Act No. 16037, Dec. 24, 2018).

C. On June 13, 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 August 13, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 4 through 9, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. In light of all circumstances, such as the Plaintiff’s assertion that the distance operated at the time of the pertinent drunk driving is only five km, the Plaintiff is operating a pharmacy, and the Plaintiff’s workplace is in need of vehicle operation as distance from one’s workplace to one’s workplace, economic difficulties, and family members to support, etc., the instant disposition was unlawful by exceeding the scope of discretion or abusing discretionary power.

B. The issue of whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power is public interest by objectively examining the content of the offense committed as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.