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 2, 2017, the Plaintiff driven B vehicles while under the influence of alcohol at around 02:34, with a blood alcohol concentration of 0.126%.

B. Accordingly, on September 13, 2017, the Defendant issued a revocation disposition of a driver’s license (Class I ordinary) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff did not cause personal injury due to the Plaintiff’s alleged drunk driving, and the Plaintiff engaged in the trucking transport business using the trucking vehicle, and the Plaintiff’s vehicle driver’s license was revoked, the Plaintiff would have to retire from the day and would have experienced difficulties in supporting his family, etc., the instant disposition exceeded the scope of discretion or abused discretionary power.

B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

In this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,

Although the above disposition can not be said to be legitimate, the above disposition disposition does not conform with the Constitution or the law itself or sanctions are imposed in accordance with the above disposition disposition standard.