자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around 01:00 on July 2, 2017, the Plaintiff: (a) while driving a motor vehicle in the D SP site under the influence of alcohol concentration of 0.176% (the result of blood collection appraisal) on the roads in front of the CP station located in CP in Singu, Singu; (b) caused a traffic accident of one first (three weeks in front) and two first (two weeks in front) on August 22, 2017; (c) by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued the instant disposition revoking the Plaintiff’s license on August 11, 201, for the following reasons: (a) the Plaintiff’s large-sized, first-class, second-class, and second-class, second-class, second-class, second-class, and second-class motor vehicles (license license number) E on August 22, 2017.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion completed his/her friendship and drinking place on the same day, but the plaintiff sent his/her substitute engineer to him/her, and he/she was directly engaged in driving of the taxi and the traffic accident on the same day.
Considering that the Plaintiff is currently working as a door-to-door engineer, it is absolutely necessary for the Plaintiff to drive for the maintenance of his/her livelihood, and the revocation of his/her driver's license causes difficulties in supporting his/her family and paying a considerable amount of debts, the instant disposition is too harsh to the Plaintiff, thereby abusing or abusing discretion.
B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be prevented rather than the disadvantage of the party to whom the revocation would be suffered, unlike the revocation of the ordinary beneficial administrative act.