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 6, 1991, the Plaintiff acquired a Class I driver’s license for a large-scale motor vehicle (B) on June 7, 1996, and on June 2, 2016, the Plaintiff was under the influence of alcohol at around 0.127% of the blood alcohol concentration at around 22:10 on June 2, 2016, and was under the influence of alcohol and was under the influence of alcohol and was under the influence of alcohol at around the E hotel located in D when interesting.
B. Accordingly, on July 29, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on August 30, 2016, but was dismissed on September 30, 2016.
[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is unlawful as it constitutes a case where the Plaintiff excessively harshly abused or abused its discretionary power, taking into account the following circumstances: (a) the Plaintiff’s business position is essential for the Plaintiff to obtain a driver’s license; (b) the revocation of the driver’s license becomes difficult for the elderly’s sick care; and (c) the Plaintiff’s family’s livelihood is difficult; and (d) the Plaintiff has no record of drinking driving
B. The need to strictly observe traffic regulations is increasing due to the rapid increase of motor vehicles today, the number of driver's licenses of motor vehicles is issued in large quantities, and traffic conditions are congested on the day, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, in revocation of driver's licenses on the grounds of drinking driving on the grounds of drinking driving, unlike revocation of the general beneficial administrative act, the general preventive aspect should be emphasized more than the disadvantage of the party who will suffer from the revocation, and it should be prevented than the disadvantage of the party who will suffer from the revocation.
(see, e.g., Supreme Court Decision 2007Du17021, Dec. 27, 2007). Gyptop, Nos. 7 and 8, respectively.