1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 29, 2018, at around 23:48, the Plaintiff driven a string vehicle B with approximately 1.5 km away from the marnan-dong Manyang-si Manyang-si, Southyang-si, and the front road of the Manyang Fire Station, while under the influence of alcohol by 0.150% of alcohol level.

Accordingly, on November 12, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class I substitute, class I ordinary, class I large dogs, and class II motorcycles) on November 21, 2018 against the Plaintiff.

(2) In light of the following facts: (a) whether there is no dispute; (b) evidence No. 2; (c) evidence No. 1, No. 2, No. 6, and No. 9; and (d) the purport of the entire argument of the instant disposition is legitimate; and (c) whether the Plaintiff’s assertion is legitimate; (d) the Plaintiff used a substitute driving in the case of usual drinking; and (e) the Plaintiff used a substitute driving at the time of the instant case; and (e) the Plaintiff was engaged in a cargo transport service for 15 years; and (e) the Plaintiff’s driver’s license was revoked, which is essential for the Plaintiff to maintain his family’s livelihood, the instant disposition is unlawful as it deviates from or abused the discretionary authority.

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual as well as the degree of infringement on public interest by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). In today’s rapid increase in motor vehicles and vehicle driving licenses are issued in large volume, so as to cause traffic congestion, and thus, the need to strictly observe traffic regulations is growing, and in particular, traffic accidents caused by drinking driving are frequently and harsh, thereby preventing traffic accidents caused by drinking.