The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On March 16, 2020, at around 19:47, the Plaintiff, while driving a C vehicle under the influence of alcohol level of 0.039% with a blood alcohol level of 0.039% (hereinafter “instant drunk driving”), caused personal damage (one light traffic level).

B. On March 30, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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, but was dismissed on July 24, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 7, Eul’s 1, 2, 5 through 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion actively cooperated in the investigation of drunk driving after the pertinent drunk driving, 38 years of accidentless driving experience, and the distance of drunk driving is relatively short of 1k meters, and the Plaintiff is in charge of facility management as its members, and the Plaintiff is in need of business operation, having economic difficulties, and having family members to support, etc., the instant disposition is beyond the scope of discretion or abuse its discretionary authority.

B. Determination 1 as to whether a punitive 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 such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal rules for administrative affairs of administrative agencies, and it is an external citizen or court.