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 July 26, 2017, the Plaintiff driven a vehicle while under the influence of alcohol with a 0.132% alcohol level at Sungnam-si, A around 22:11.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 10, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on October 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 23, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion that there was no traffic accident causing human and physical damage due to the drinking driving of the instant case, and that the Plaintiff is engaged in the business of selling Mascact car driving, etc., the instant disposition is unlawful by deviating from and abusing discretionary authority.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined not only in accordance with

Although the disposition can not be regarded as legitimate, the above disposition disposition itself is the Constitution or by itself.