Litigation costs shall be borne by the plaintiff.

On March 7, 2020, at around 04:05, the Plaintiff, while driving CE300 cars with a blood alcohol concentration of 0.073% on the front side of Gangnam-gu Seoul on the road (hereinafter “instant drunk driving”), was driving at the front side of the Plaintiff’s driver’s vehicle while driving at the front side of the vehicle (hereinafter “instant traffic accident”), sustained injury to the said driver of the instant two-wheeled vehicle requiring approximately three weeks of medical treatment.

On April 7, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) on the ground that “the Plaintiff had injured persons due to the instant traffic accident while driving the instant motor vehicle.”

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 7, 2020, but was dismissed on May 12, 2020.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 8, and the purport of the whole pleadings as to the legitimacy of the disposition of this case, the depositee whose blood alcohol level alleged by the plaintiff is subject to the disposition of suspension, the traffic accident of this case is a minor contact accident, the plaintiff has no history of drinking driving, the plaintiff must have a driver's license to carry survey machinery on his business source and make a business trip to a nationwide customer, and the driving is an important means to maintain the family's livelihood, and the disposition of this case faces economic difficulties, etc., the disposition of this case is unlawful since it is unlawful as it deviates from and abused the scope of discretionary power.

Judgment

If a person who obtained a driver's license causes a traffic accident by intention or negligence while driving a motor vehicle, the revocation of the driver's license is the discretionary act of the administrative agency, but the motor vehicle is the mass means of transportation and accordingly the driver's license is issued.