1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of disposition;

A. On July 29, 2017, around 00:05, the Plaintiff holding a Class II ordinary driver’s license and a Class II motorcycle driver’s license was under the influence of police officials while driving the B car at a state of 0.152% blood alcohol concentration on the front of the Seo-gu Rocheon-ro, Seo-gu, Gwangju.

B. On August 15, 2017, the Defendant issued a disposition revoking the Plaintiff’s respective driver’s license on the ground of drinking driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on October 17, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Gap's 23, Eul's 1 through 6 (including paper numbers), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s act of driving as an agent is used.

On the day of the case, it also operates alleyd path in mind of the body of the proxy driving.

In full view of the fact that the disposition in this case is more unfavorable than the public interest to be gained due to the disposition in this case, since the personal and material damage did not occur, when driving under the influence of alcohol is recognized, and the driver's license has been served as a juvenile instructor who needs to be revoked, and the license is likely to be lost if the license is revoked, and the family's livelihood is difficult, etc., the disposition in this case is deviating from and abused the discretion.

(b) as shown in the attached Form of the relevant statutes;

C. 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 to be achieved by the relevant act of disposal, and the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000).