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 April 10, 2019, at around 23:50, the Plaintiff driven a car with Cromatic alcohol level of 0.131% while under the influence of alcohol on the front of Songpa-gu Seoul Metropolitan Government B (hereinafter “instant drinking”).

B. On May 13, 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. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 28, 2019, but was dismissed on August 13, 2019, and the said written ruling was served on the Plaintiff on August 29, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 5 through 8, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in the investigation of drinking alcohol after the pertinent drunk driving, and that human and physical damage did not occur, and that the driving distance is only 1 km, and that the Plaintiff’s operation is essential due to frequent appearance of the company members working at the service team, and there are family members who need to support, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary authority.

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 nothing more than that prescribed in the administrative agency's internal administrative rules.