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 February 28, 2019, at around 01:50, the Plaintiff driven a motor vehicle while under the influence of alcohol content of 0.096% on the front of Asan City B apartment.

B. Accordingly, on March 29, 2019, the Defendant rendered a disposition of revocation of a driver’s license (class 1 ordinary) for the Plaintiff on April 28, 2019 (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on May 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s argument-based driver’s driver’s license is necessary and the license is revoked, it is difficult to maintain a livelihood, etc., the instant disposition is in violation of the law that deviates from and abused discretion because it is too harsh to the Plaintiff

B. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined not only in accordance with

Although the disposition is not immediately legitimate, the disposition is not in itself consistent with the Constitution or the law, or a punitive administrative disposition in accordance with the above disposition standard becomes the ground for the disposition.