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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, 2018, at around 01:50, the Plaintiff driven the B-learning passenger car while under the influence of alcohol of 0.150%, and 10km from the front of Seoul Gangnam-gu C-gu to the front road of Sungnam-si, Sungnam-si.
B. On March 26, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on April 16, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion does not cause any personal or material injury due to the Plaintiff’s drinking driving, the Plaintiff did not cause a traffic accident for about eight years since the Plaintiff acquired the Plaintiff’s driver’s license, or did not drive under the influence of alcohol again, and the Plaintiff is currently working in a small and medium enterprise as a manager of the store, and the Plaintiff is working in a small and medium enterprise, and when the driver’s license is revoked due to the nature of the work in charge, it is impossible to perform his/her duties and there is a position to terminate his/her duties when the driver’s license is revoked due to the relationship that needs to move in various areas, such as Seoul, Gyeonggi, and local areas, etc.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is based on the degree of infringement of public interest and its disposition by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.