The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On June 1, 2020, at around 00:29, the Plaintiff driven C vehicle under the influence of alcohol level of 0.121% in front of Seosan City B (hereinafter “instant drinking”).

B. On June 15, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 1, class 1, and class 1) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 25, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident, the distance of drinking driving is relatively short of 1km, the Plaintiff actively cooperated in an investigation into drinking driving after the pertinent drinking driving, the Plaintiff is in need of living for business such as delivery to self-employed persons, having economic difficulties, and having family members to support, the instant disposition is beyond the scope of discretion or abuse of discretionary power.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to 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 committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is an external citizen.