1. The plaintiff's claim is dismissed.

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

Details of the disposition

On May 30, 2018, the Plaintiff, while under the influence of alcohol around 02:01, driven E-Au Q 3 car from the 2km section to the D Apartment road in Yangju-si, from the building at the sub-building in Yangju-si, C Bank Soci-si, the alcohol concentration of 0.151%.

Accordingly, on July 30, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) against the Plaintiff on August 24, 2018.

(2) In light of the following facts: (a) the Plaintiff’s assertion as to the legitimacy of the instant disposition by the Plaintiff’s assertion as to whether the instant disposition is lawful, and (b) the Plaintiff’s assertion as to whether the instant disposition was lawful, pursuant to the law for about 18 years; (c) the blood alcohol level at the time the Plaintiff was discovered was lower than 0.065%; (d) the Plaintiff actively cooperates in the investigation into drinking driving; (c) the Plaintiff’s vocational characteristics require the Plaintiff’s driver’s license; (d) the Plaintiff’s spouse and three children are supported; (e) the Plaintiff was living while living together; (e) the Plaintiff was living together with normal good deeds and donation activities; and (e) the Plaintiff was against the driving of drinking; and (e) the instant disposition was unlawful.

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 act of 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 of motor vehicles and car driving licenses are issued in large volume, and the need to strictly observe traffic regulations depending on the reduction of traffic conditions is growing, and in particular, traffic accidents caused by drunk driving are frequently and harshly.