자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 28, 2016, on the ground that the Plaintiff driven the Crash car on the road located in Jung-gu in Gwangju City, Jung-gu, Gwangju, while under the influence of alcohol at 0.110% (the result of a smoking measurement) of blood alcohol concentration on December 28, 2016, the Defendant applied Article 93(1)1 of the Road Traffic Act, thereby cancelling the Plaintiff’s Class II ordinary car driver’s license (license number: D) as of February 21, 2017.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After the Plaintiff’s assertion, the Plaintiff completed a meeting of the first instance court, which is a part of the company fees and alcoholic beverages, the driving vehicle was not able to drive on behalf of the Plaintiff, but she did not seem to have been a telephone, and the driving of the motor vehicle was controlled due to the Plaintiff’s omission of the motor vehicle in the ditch.
In addition to the above driving circumstances, considering the fact that the Plaintiff acquired a driver's license in 2004 and there was no traffic accident or drinking driving force for 14 years, the driver's license is essential to commute to and from work, etc. in order to perform duties such as commuting to and from work, and it is necessary to support his parent as a woman, the instant disposition is in violation of the law that deviates from and abused the discretion because it is too harsh to the Plaintiff.
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 when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative act, it is rather than