The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. On June 24, 2020, the Plaintiff, while under the influence of alcohol 0.13% of the blood alcohol concentration, driven C-car on the front road B at Yangju (hereinafter “instant drunk driving”).

B. On July 20, 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 August 21, 2020, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on September 15, 2020.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 to 12, and the purport of the whole pleadings as to the legitimacy of the disposition of this case, the plaintiff's assertion that there was no personal injury or injury caused by the drinking driving of this case, the plaintiff's driving distance is relatively short, the plaintiff caused a traffic accident before the drinking driving of this case, the plaintiff has no history of driving under the influence of driving under the influence of alcohol, the plaintiff recognized the mistake, reflects the plaintiff, and again does not drive under the influence of alcohol, and actively cooperate with the investigation, and the plaintiff is working as a construction safety manager. The plaintiff is working as a construction safety manager. Considering all circumstances such as the fact that the driver's license is essential in the nature of business, if the driver's license is revoked, it is impossible to support his spouse and children, and that the plaintiff and his family members are living due to excessive debts, the disposition of this case is unlawful

The issue of whether the instant disposition exceeds the scope of discretion or abused discretion is whether the relevant legal doctrine or administrative disposition deviatess from or abused the scope of discretion under the social norms, is determined by the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant