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 December 15, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) as of January 21, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven D vehicles under the influence of alcohol with a blood alcohol concentration of 0.122% (hereinafter “instant drinking driving”), around December 22 and 25, 2017, on the front of C located in Gangnam-gu Seoul Metropolitan Government (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 June 19, 2018.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff is operating a video translation company, and the Plaintiff’s driver’s license is necessary because the Plaintiff is engaged in business activities such as attending a customer every day to obtain the work volume, etc., and the Plaintiff’s living is extremely difficult due to the instant disposition, which prevents the flow of traffic due to the instant disposition, or does not occur due to the instant disposition, and the Plaintiff has made efforts to avoid driving under the influence of alcohol by driving a vehicle at home or by using a proxy driving, and the Plaintiff is again seeking not to drive under the influence of alcohol again. Thus, the instant disposition is excessively harsh to the Plaintiff, and thus, it is unlawful by abusing discretionary authority.

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.

b) the Commission;