자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 13, 2017, on the ground that the Plaintiff driven a DNA beer cruise cruise cruise car at the entrance of the C Care Center located in Catwon located in Catwon located in Catwon located in Catwon in Catwon B (the result of blood collection appraisal) around 20:36, the Defendant rendered the instant disposition that the Plaintiff revoked the Plaintiff’s Class 1 large and ordinary driver’s license (license number: E) as of August 11, 2017 by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 2, Eul 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that it is difficult to see it by her mother while serving in the field of alcohol and meals with her mother, and she returned home to Korea, and let a substitute engineer get off a bus near the bus for the convenience of her substitute engineer, and the driver was able to directly her while driving under the influence of alcohol.
In addition to these driving circumstances, considering the fact that the Plaintiff did not inflict human and physical damage on others due to drunk driving, the drinking alcohol level is relatively minor, and it is currently a part of daily worker, and the driver's license is essential for access to the construction site, transport of implements, transport of club fee, etc., and the need to support the mother, the spouse, and the four children, the instant disposition is too harsh to the Plaintiff, thereby abusing its 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 suspicion of its result, 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 revocation of a driver's license on the ground of drinking driving is the general beneficial administrative act.