1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

A. On October 31, 2019, at around 05:15, the Plaintiff, while under the influence of alcohol, driven D-Wz’s car at a fixed Eup B apartment-dong parking lot (hereinafter “instant drunk driving”).

B. On November 21, 2019, the Defendant rendered a disposition revoking the Plaintiff’s first-class large driver’s 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 December 24, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on February 11, 2020.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 to 12, the plaintiff's assertion that there is no human or physical damage caused by the drinking driving of this case as to the legitimacy of the disposition of this case as a whole of the pleadings, and the plaintiff received a request from the residents to move the parked vehicle, and the driving distance was short, the plaintiff recognized the plaintiff's mistake, reflects the plaintiff's mistake, and the plaintiff is expected not to drive under the influence of alcohol again, and actively cooperate in the investigation. The plaintiff is a self-employed business operator operating the Agricultural Machinery Center of Agricultural Machinery, and actively cooperates with the investigation; the driver's license is essential in terms of the characteristics of the business; it is difficult to maintain livelihood; the plaintiff suffers from excessive debts; it is necessary to support three children and his spouse; and it is illegal that the disposition of this case exceeded the scope of discretionary authority or has abused discretionary authority.

The issue of whether the instant disposition exceeded the scope of discretion or abused discretionary power is whether or not the relevant legal doctrine or disposition deviatess from or abused the scope of discretion under the social norms, the public interest and the relevant disposition are intended to be achieved by the content of the offense and the relevant disposition.