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 September 5, 2019, the Plaintiff driven B vehicles while under the influence of alcohol at around 05:20, with a blood alcohol concentration of 0.156%.

B. Accordingly, on October 7, 2019, the Defendant rendered a notification of revocation of a driver’s license (class 1 ordinary) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that there was no damage caused by the instant drunk driving, the distance of movement is relatively short of 2 km, the traffic accident or the influence of drunk driving for six years since the acquisition of the driver’s license, the use of a usual driving, and the use of a usual driving. At the time of the instant case, the instant disposition is unlawful by abusing discretionary power since it exceeds the Plaintiff’s disadvantage that is considerably infringed on the public interest to be achieved, considering the following: (a) the Plaintiff’s business license of the recruitment agency is absolutely necessary when the driver’s license is revoked; and (b) the Plaintiff’s economic activities, the maintenance of livelihood, and family support are difficult; and (c) the instant disposition is more likely to infringe on the public interest to be achieved.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the act of disposition, and the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se conform to the Constitution