자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 23, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s first-class and second-class ordinary car driver’s license (license number: D) as of April 3, 2016, by applying Article 93(1)1 of the Road Traffic Act on March 8, 2016, on the ground that the Plaintiff driven a Cco-type sports vehicle on the roads in the Sungnam-gu Revised B apartment complex under the influence of alcohol content of 00:10%.
[Ground of recognition] No dispute, entry in Eul 4 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff drank alcohol with stress in the course of divorce with a woman of Vietnam's nationality. The plaintiff drank alcohol without accurate memory due to a lot of alcohol, but driving at the extremely short distance from the plaintiff's apartment site to the vicinity of the apartment site by using an agent. In light of the fact that the plaintiff's work as a school bus engineer at E elementary school is likely to receive a resignation recommendation when the driver's license is revoked, in particular, the cancellation of a Class 1 large license is directly connected with the plaintiff's livelihood, and the plaintiff actually used a substitute driving on the day and did not cause a traffic accident, the disposition of this case is so harsh to the plaintiff, and thus, it is erroneous in the misapprehension of discretionary power and abuse of discretionary power.
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, and the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving is rather than the disadvantage of the party to whom the revocation would be suffered differently from the revocation of the ordinary beneficial administrative act.