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 8, 2020, the Plaintiff, while under the influence of alcohol at 0.173% of alcohol level around May 8, 2020, driven a 150-meter vehicle B, while driving, from the roads near Sungnam-gu, Seoul, and from the roads near Sungnam-gu, the 150-meter vehicle in front of the “E cafeteria” located in the same Gu.

B. On June 3, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff 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 base value for revocation of the license (hereinafter “instant disposition”).

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 July 24, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is relatively short of the distance when the Plaintiff drives a drinking beverage, the Plaintiff’s self-confiscing and would not drive a drinking again, and the Plaintiff is running the wholesale and retail food distribution business, and the Plaintiff is in charge of both the business and delivery business, so the cancellation of the driver’s license is impossible to perform its duties, and it is in a position to terminate the business, and the Plaintiff must prepare living expenses as the best home and repay the loan. In light of the above, the instant disposition is erroneous in the misapprehension of discretionary authority due to excessive abuse of the Plaintiff’s discretion, and thus, should be revoked.

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.