자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 16, 2014, the Defendant rendered the instant disposition with respect to the Plaintiff, on the ground that the Plaintiff driven B vehicles with a blood alcohol concentration of 0.104% at the front of the Dongindong-dong 1, Daegu-gu, Daegu-dong, on December 4, 2014, on the ground that he/she driven B vehicles with a blood alcohol concentration of 0.104% on the roads of the Dongindong-dong 1, Daegu-dong, Daegu-dong, the instant disposition was revoked as of January 18, 2015.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion on the same day of the instant disposition is that the Plaintiff spawn alcohol and 3 hours of drinking water and believed to have been driven, and that the alcohol would have been frighted, and that the Plaintiff frighted to fright down at the construction site, and the Plaintiff’s work to assemble and process iron bars at the construction site, and thus the vocational driver’s license is essential. When the driver’s license is revoked, it is extremely difficult for his family’s livelihood, there was no traffic accident, and there was no traffic accident due to the instant drinking driving, and it is against the depth of the instant drinking driving. In full view of all circumstances, the instant disposition constitutes a case where the Plaintiff abused discretion because
B. The need to strictly observe traffic regulations according to the reduction of traffic conditions is increasing as the number of vehicles rapidly increase today and the number of driver's licenses are issued in large volume. In particular, traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, in the revocation of driver's licenses on the grounds of drunk driving, unlike the cancellation of ordinary beneficial administrative acts, the general preventive aspect should be emphasized more than the disadvantage of the party who will suffer from the revocation. < Amended by Act No. 8828, Dec. 27, 2007>