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 31, 2017, at around 17:40, the Plaintiff driven B rocketing car while under the influence of alcohol with the blood alcohol concentration of 0.191% from the shooting distance before the police box of Dobong-gu Seoul Metropolitan Government Dobong-ro 104-ro 53 Systring.

B. On September 26, 2017, the Defendant issued a notice of revocation of the Class 2 ordinary vehicle driver’s license (hereinafter “instant disposition”) to the Plaintiff on September 26, 2017, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 6, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 13, Eul evidence 1, 5 through 10 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, including the following: (a) the Plaintiff, as a person entitled to livelihood benefits under the National Basic Living Security Act, has a good health, such as continuing aggravation of the disability of a bridge; and (b) the first child and the Gun with a mental retardation disorder, whose head is being treated in the military and the second child is essential for the Plaintiff’s living; and (c) the instant disposition is deemed to have been abused from discretionary authority.

B. Determination 1 as to whether a punitive 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 such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be prescribed in the administrative agency's internal administrative rules.