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 June 2, 2019, at around 02:47, the Plaintiff driven C Radon’s car volume while under the influence of alcohol level of 0.136% on the front of Seodaemun-gu Seoul Western-gu B (hereinafter “instant drunk driving”).

B. On July 3, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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 July 25, 2019, but was dismissed on September 3, 2019.

[Ground of recognition] The fact that there has been no dispute, Gap's 1, 2, Eul's 5 through 9 (including Serial number), each entry and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in an investigation into drinking alcohol driving after the pertinent drunk driving, and that human and physical damage did not occur, and that driving distance is only 4 km, and that the Plaintiff is a business employee in charge of the sale of real estate, which requires the operation of occupational vehicles due to frequent appearance, economic difficulties, and there are family members to support, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary authority.

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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs.