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 19, 2019, the Plaintiff driven B vehicles while under the influence of alcohol with 0.135% alcohol level around 23:25.

B. Accordingly, on September 7, 2019, the Defendant rendered a notification of revocation of a driver’s license (class 2 ordinary) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering the fact that there was no damage caused by the Plaintiff’s assertion, confession, etc., and the fact that the driver’s license is absolutely necessary due to the Plaintiff’s business as a member of the company (management of purchased materials and products) and that there is difficulties in maintaining livelihood, supporting family support, child-care centers, etc. when the driver’s license is revoked, the instant disposition is far more likely to infringe the public interest to achieve, and thus is unlawful by abusing its discretionary authority.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms ought to be made by comparing and balancing the degree of infringement on the public interest and the disadvantages that an individual may suffer by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, as well as all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). In a case where the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministries, the disposition standards per itself do not conform to the Constitution or laws, and unless there are reasonable grounds to recognize that a punitive administrative disposition in accordance with the above disposition standards is considerably unreasonable in light of the content of the act of violation and the contents and