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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On July 24, 2019, around 23:03, the Plaintiff driven a CM6 car while under the influence of alcohol leveling 0.122% of alcohol level on the front side of Jincheon-gun, Jincheon-gun, Chungcheongnam-do.
B. On August 14, 2019, the Defendant issued a disposition to revoke the driver’s license (Class I ordinary) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driven under the influence of alcohol 0.122% in blood. (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 21, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 17, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 4, 11 through 14 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion that ① the Plaintiff’s running distance remaining 300 meters, which is relatively short, did not cause human and material damage, such as traffic accidents, due to the Plaintiff’s drinking driving; ② the Plaintiff was found to have been aware of the Plaintiff’s mistake and actively cooperated in the investigation; ③ the Plaintiff is a person working at the car-type manufacturing site, and the Plaintiff’s occupational driver’s license is essential if the Plaintiff’s license is revoked, and the Plaintiff and his family’s family’s livelihood are difficult. In light of the above, the instant disposition is unlawful by abusing and abusing discretion.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. Whether the lawfulness of the instant disposition has deviates from or abused the scope of discretionary authority by social norms, or whether the instant disposition has been lawful shall be determined by objectively examining the content of the instant disposition, which is the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, and thereby infringing the public interest.