The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. On May 28, 2020, the Plaintiff, while under the influence of alcohol 0.13% of the blood alcohol content, was driving B automobiles on the 74-2 road in the Yandong-gun, Yandong-gun, Seoul Special Metropolitan City (hereinafter “instant drunk driving”).

B. On June 15, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s first-class ordinary license on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 3, 2020, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on August 11, 2020.

[Grounds] The plaintiff's driving distance alleged by the plaintiff as to the legitimacy of the disposition of this case as stated in Gap's evidence Nos. 1, 2, and Eul evidence Nos. 1 through 14 is relatively short, the plaintiff's mistake is recognized, and again, the plaintiff does not drive drinking again, and actively cooperate in the investigation. The plaintiff actively cooperates in the investigation, as a veterinarian, is essential in the characteristics of his duties, the driver's license is difficult to maintain his/her livelihood because it is difficult for him/her to maintain his/her livelihood due to difficulties in his/her family support and debt redemption, and all other circumstances, such as the plaintiff's conduct of local crime prevention, etc.

Whether the instant disposition deviates from or abused the scope of discretion by social norms or not, the relevant legal doctrine regarding whether it exceeded the scope of discretion or abused discretion shall 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 grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In such cases, the criteria for imposing sanctions are prescribed in the form of Ordinance.