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 December 12, 2012, the Plaintiff: (a) obtained Class II ordinary driver’s license on December 12, 2012; (b) obtained Class I ordinary driver’s license on December 4, 2014; (c) was driving a B low-priced motor vehicle under the influence of alcohol level of 00:35 on August 11, 2015; and (d) controlled it on the road front of the station located in Nam-gu Incheon Metropolitan City.

B. On September 1, 2015, the Defendant issued a disposition revoking a Class I and II ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) with respect to driving under influence as stated in the preceding paragraph.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on October 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence Nos. 1 through 10 (including branch numbers), the purport of the whole pleadings

2. The legality of the instant disposition

A. In full view of all circumstances, such as the Plaintiff’s simple drinking driving that does not cause human and physical damage, the driving of a relatively short distance of 3 km, the act of driving on behalf of the Plaintiff, the fact that the Defendant did not have cash to pay the fee at the time and was making a drinking, and thus, the possibility of criticism is low, the police investigation is faithfully cooperating, the Plaintiff’s driver’s license to transport human and material at the construction site is essential, the Plaintiff’s failure to perform his/her liability if he/she is unable to drive a driving under an economic difficult situation, and the fact that he/she would not drive a drinking again, and the disposition of this case is unlawful as it deviates from and abused discretion.

B. (1) Determination whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms shall be made by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, etc., and thereby infringing the public interest.