1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On March 7, 2017, the Plaintiff acquired a Class 1 ordinary license.

On July 4, 2019, 02:30, the Plaintiff: (a) driven CCor or a car while under the influence of alcohol of 0.135% at the front of B on the road before the Jeju Island (hereinafter “instant drinking”); (b) driven other vehicles parked.

On July 19, 2019, the Defendant rendered the instant disposition to the Plaintiff on the ground of the instant drinking driving.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 4, 2019, but was dismissed on October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff, after drinking a small quantity of alcohol, intended to use a substitute driving as it was normal, but did not do so on the wind required for locking in the vehicle and was under control at a level of 300 meters.

As a driver who delivers construction materials and hardware, the Plaintiff is essential to operate his/her business vehicle, and there is a family member to support the business.

In light of the above overall circumstances, the instant disposition is erroneous in deviation from or abuse of discretion.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest achieved by the relevant disposition, and all the circumstances in question. If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, if such disposition standards are not in itself consistent with the Constitution or laws, or if a punitive administrative disposition in accordance with the above disposition standards are imposed, the relevant laws and regulations.