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 May 28, 2019, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 common) as of July 1, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a F vehicle under the influence of alcohol with a blood alcohol level of 0.103% on the roads of building C real estate width in Daegu-gun, Daegu-gun, on the ground that the Plaintiff was under the influence of alcohol level of 0.40% on the 2nd underground parking lot in the same military building E-dong (hereinafter “instant drinking”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion that the drinking driving of this case interferes with the flow of traffic or did not cause any traffic accident; (b) the driving distance was very short of about 15 meters; (c) the Plaintiff’s driver’s license was needed to perform his duties as a company member; (d) the Plaintiff’s license was revoked on the instant disposition, making it very difficult for the Plaintiff to visit his/her family life and care alone; and (e) the Plaintiff is going against the depth of the Plaintiff and would not drive under the influence of alcohol again; and (e) the instant disposition is excessively harsh to the Plaintiff; and (e) the instant disposition is a deviation and abuse of discretion.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In addition, when the criteria for disposition are prescribed by Ordinance, the criteria for disposition are the Constitution or in itself.