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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 11, 2019, at around 20:40, the Plaintiff driven a C vehicle under the influence of alcohol concentration of 0.240% on the front side of the member of the Ansan-si, Ansan-si, and was discovered to police officers.
B. On January 7, 2020, the Defendant rendered a decision to revoke the first-class ordinary license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.
(hereinafter “instant disposition”). C.
On January 22, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 3, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the Plaintiff’s assertion that the Plaintiff driven a relatively short distance, the Plaintiff’s acquisition of a driver’s license was in compliance with the law without an accident or force of drunk driving for twenty-five (25) years, and used a usual driving, the police officer actively cooperates in the investigation, the Plaintiff’s driver’s license is essential due to the characteristics of the Plaintiff’s occupation, and the Plaintiff’s support for family, etc., the instant disposition is considerably more disadvantageous to the Plaintiff, and thus, should be revoked on account of the violation of law that deviates from and abused the discretion of the Plaintiff.
(b) as shown in the attached Form of the relevant statutes.
C. 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms should be determined by comparing and balancing the degree of infringement of public interest and disadvantages suffered by individuals by objectively examining the content of the offense, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 98Du11779, Apr. 7, 2000; and where the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministries