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 October 21, 2018, at around 03:07, the Plaintiff driven a Cdecent car with a blood alcohol concentration of 0.126% (hereinafter “instant drinking driving”).

B. On October 31, 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 November 29, 2018, but was dismissed on January 8, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, Eul No. 4, 5, and 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful in light of all circumstances, including the following: (a) the Plaintiff cooperates in the enforcement procedure after driving under the influence of alcohol in this case; (b) the Plaintiff did not cause material injury; (c) the Plaintiff’s driver’s license is necessarily necessary to operate a door-to-door sales business; (d) the Plaintiff’s economic difficulties; and (e) the family members are obliged to support.

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 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 administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate is not only the above disposition criteria but also the contents of the relevant laws and regulations.