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 August 1, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1, class 2, class 2, class 2, and class 2 motor vehicles) as of September 7, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff driven B vehicles under the influence of alcohol at a level of 0.105% (hereinafter “instant drunk driving”) on the road in front of the North-gu Seongbuk-gu, Daegu High-dong Office located in Seongbuk-gu, Daegu (hereinafter “instant disposition”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 10, Eul evidence 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an illegal disposition that deviates from discretion and abused by the Plaintiff, considering the following: (a) the Plaintiff’s work in the Gyeyang Tech Business Department is necessary for the Plaintiff’s business activities; (b) the Plaintiff and his family members are extremely difficult to maintain their livelihood due to the instant disposition; (c) the distance of the Plaintiff’s drinking driving is about 300 meters; and (d) the Plaintiff did not incur any damage due to the instant drinking driving; and (d) the Plaintiff is remarkably divided into the instant drinking driving.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In addition, when the criteria for disposition are prescribed by the Presidential Decree or Ordinance of the Ministry, the criteria for disposition per itself shall be constitutional.