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 November 23, 1993, the Plaintiff obtained Class 2 ordinary driving licenses, and Class 1 ordinary driving licenses on December 10, 2003, respectively. On October 16, 2018, the Plaintiff was subject to a disposition of suspension of driver’s license for 100 days from November 25, 2018 to March 4, 2019 on the ground that he/she was placed in retaliation driving.

B. Around 15:40 on January 19, 2019 during the suspension period of a driver’s license, the Plaintiff driven Bran-do car at the store outside the Seoul East-gu Seoul Metropolitan City Em-dong Em-dong Nowon-gu Em-gu.

C. On February 23, 2019, the Defendant rendered a notice of revocation of a driver’s license (class 1 common and class 2 common) to the Plaintiff on February 23, 2019, on the ground that the Plaintiff driven a motor vehicle during the suspension period of the driver’s license (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition on March 15, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on April 2, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 2 through 8 (including Serials), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, as a teacher, is beyond the scope of discretion or abuse discretion, considering all circumstances, such as the fact that the vehicle operation is essential, economic difficulties, and family members are to support for the elderly who have symptoms of the right-hand paralysis due to cerebrovascular, for commuting to and from work as a teacher, and that there are family members to support.

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.

(e).