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 September 18, 2019, at around 22:48, the Plaintiff driven C-Wn-Wn-Wn-Wn-Wn-C (hereinafter “instant drinking driving”), while under the influence of alcohol level of 0.104% on the front of Gangnam-gu Seoul, Seoul.

B. On October 4, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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 on October 17, 2019, but was dismissed on November 19, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 6 through 9, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of all the circumstances, including the fact that the Plaintiff did not cause physical injury due to the instant drunk driving, that the Plaintiff was driving without traffic offense since its acquisition of the driver’s license, that the Plaintiff is performing its duties at the site by using a vehicle as an employee of the company designing and constructing the traffic system, and thus, the Plaintiff’s driver’s license is essential to drive on duty, that constitutes means of livelihood, and that there is a family member to support.

B. Determination 1 as to whether an 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is only that the administrative agency's internal rules for administrative affairs are prescribed.