자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 11, 2016, on the ground that the Plaintiff driven a cppppon vehicle on the front side of Ycheon-si, 0.159% of the blood alcohol concentration at around 23:20%, the Defendant, applying Article 93(1)1 of the Road Traffic Act to the Plaintiff’s Class 1 ordinary vehicle (license number: D) on September 20, 2016, issued the instant disposition revoking the Plaintiff’s license as of October 9, 2016.
[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. The plaintiff asserted that the plaintiff had a drinking place in Seoul as a man and a man, and moved his substitute driving to a house located in Ischeon-si. The proxy officer returned the proxy engineer's failure to find the plaintiff's house and was found to have a drinking driving since 5 meters later for mobile parking, while driving was discovered.
In light of the fact that the place of the Plaintiff’s driving is a remote runway and it is unclear whether it falls under a road under the Road Traffic Act, and thus, the Plaintiff did not have any history of punishment for drinking driving in the past, and the Plaintiff is working as the chief of the branch of the branch of the Seoul Agricultural Co., Ltd. and the representative director of the subsidiary located across the nation, and the Plaintiff’s spouse is in need of the driver’s license for duties. The instant disposition constitutes a case where the Plaintiff abused or abused discretion because it is too harsh to the Plaintiff.
B. Even if the revocation of a driver's license on the ground of a drunk 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 a drunk driving, and the suspicion of its result, the need for public interest to prevent traffic accidents caused by a drunk driving should be emphasized, and it is based on a drunk driving.