자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 20, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class ordinary car license (license number: C) as of February 2, 2016, by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a gallon vehicle from a gallony parking lot located on the 15-ro, Daegu Northern-ro, Daegu, on the ground that the Plaintiff was under the influence of alcohol content of 0.137%.
[Ground of recognition] No dispute, Gap evidence 2, 3, 13, Eul evidence 1 to 4, the whole purport of pleading
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff returned to the Plaintiff using a substitute driving system after having been on duty, meals, and drinking, but the parking place was found in the vicinity of the house, resulting in a dispute with the driver of another cargo vehicle. While the Plaintiff was inevitably traveling and parking, the Plaintiff’s truck driver was under the wind of reporting a drunk driving.
In addition, considering that the Plaintiff’s mobile parking distance is short, there is no single traffic accident or drinking driving power after obtaining a driver’s license in 2000, and the Plaintiff’s driver’s license is essential to procure materials or transfer workers while working in an expressway construction site, etc., the instant disposition constitutes a case where the Plaintiff excessively deviates or abused discretion due to its harshness.
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 more, 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