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 July 8, 2015, at around 20:55, the Plaintiff: (a) driven Drocketing car volume on the front of the Cmatept, which was under the influence of alcohol by 0.056%; (b) and (c) caused a traffic accident (one commercial person).
B. On July 30, 2015, the Defendant applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on July 30, 2015, and rendered the instant disposition on August 21, 2015, revoking the Plaintiff’s driver’s license (license number: E) for Class I large vehicles, Class I ordinary vehicles, and Class I Special Motor Vehicles (Ba).
[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1 through 16, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of various circumstances, the Plaintiff’s assertion that dump truck driver’s license needs to be determined to have been exceeded 0.05% at the time of measurement due to the error in the dump truck driver’s license, and the Plaintiff’s acquisition of a driver’s license, etc., the Defendant’s disposition of this case is unlawful as it deviates from and abused discretion.
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, 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, it should be emphasized that the ordinary preventive aspect should be prevented rather than the disadvantage
In light of the above legal principles, the foregoing evidence and the purport of the entire pleadings are recognized as follows.