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 June 29, 2017, at around 07:34, the Plaintiff driven a car under the influence of alcohol with a blood alcohol concentration of 0.167% at the front of the Gangnam-gu Seoul Metropolitan Government Gangnam-dong branch.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 3, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on October 17, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that there was no traffic accident causing human and physical damage due to the Plaintiff’s assertion, and that the Plaintiff’s driver’s license is essential to carry out his/her duties and support his/her family members, the instant disposition is unlawful by abusing and abusing discretion.

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

The disposition can not be regarded as legitimate, but it can not be regarded as legitimate.