The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On December 4, 2019, the Plaintiff, while under the influence of alcohol of 0.137% from blood alcohol level on December 15:25, 2019, driven approximately 1520 meters from the street in front of the Sinwon-si, Suwon-si, Suwon-si, Sinwon-si, in the direction of alcohol leveling to approximately 2.5 km (hereinafter “instant drinking driving”).

B. On December 30, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. On February 21, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 28, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 14, the purport of the whole entries and arguments

2. Whether the disposition is lawful;

A. In light of all the circumstances, the Plaintiff’s assertion that the drinking driving distance in the instant case was relatively short of approximately 2.5km, the use of ordinary driving by proxy, the Plaintiff actively cooperated in an investigation into drinking driving after the pertinent drinking driving, the possibility of criticism and risks are significantly low, and the Plaintiff’s driver is in need of driver’s license due to the characteristics of his duties, and the Plaintiff’s fluoring of the fluor, etc., the instant disposition exceeded the scope of discretion or abused 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, the criteria for punitive administrative disposition are provided in the form of Ministerial Ordinance.