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 August 25, 2017, at around 00:22, the Plaintiff driven C’s vehicle volume with a alcohol level of 0.147% at the front of Gangseo-gu Seoul Metropolitan Government B (hereinafter “instant drinking driving”).

B. On September 21, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 15, 2017, but was dismissed on November 7, 2017.

[Ground of recognition] The fact that there is no dispute, Gap 3, 4, Eul 5-1, 2, 6 through 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that ① there is a little doubt about the Plaintiff’s blood alcohol concentration (the assertion that the measure was taken in low figures at the time of control), ② the remaining degree of beer due to the Plaintiff’s lecture right by the person entrusted with the construction, ③ the Plaintiff’s operation of the vehicle is essential for the Plaintiff’s livelihood (the Plaintiff is engaged in the other construction work business, and the materials and tools need to be transported to the local area) and thus, the instant disposition is beyond the scope of discretion or abused discretionary power when it becomes final and conclusive.

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

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be inside the administrative agency.