자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 21, 2014, at around 22:53, the Plaintiff driven a B rocketing car on the road front of the Taedong-dong Ma-dong, Gwangju, while under the influence of alcohol by 0.145% of alcohol level.
B. On November 14, 2014, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: C) on December 15, 2014 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.
[Ground of recognition] Evidence Nos. 1, No. 1 to 14, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful as it deviatess from and abused discretionary power, considering various circumstances, including the fact that the Plaintiff’s measurement of blood collection was conducted unfairly as it had been conducted in good faith, and that the Plaintiff’s driver’s license is essential to operate the mechanical manufacturing company.
B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, 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 action, the general preventive aspect should be emphasized more than the disadvantage of the party
(See Supreme Court Decisions 98Du1048 Decided March 27, 1998, and 2012Du1051 Decided May 24, 2012, etc.). In light of the foregoing legal doctrine, the following circumstances are acknowledged based on the health care unit, the evidence mentioned above, and the purport of the entire pleading.