자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 11, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s license for Class 1 large, Class 1 ordinary, Class 1 small, Class 1 small, and Class 2 small vehicles (license number: D) as of October 27, 2016, by applying Article 93(1)1 of the Road Traffic Act, on October 18, 2016, on the ground that the Plaintiff driven a c-wheeled vehicle on the front of a restaurant in Gwangju-si, while under the influence of alcohol content of 0.140%.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a road F management official. On the same day, at around 01:00 on the same day, the plaintiff's plaintiff's plaintiff's children who had taken leave in the 01:00 on the same day, returned home with the plaintiff's children and returned home to f in the G of the civil petition inspection. The driver's license of this case is found to be exposed to the plaintiff because the plaintiff was sufficiently informed, and even though the plaintiff took a part of drinking, he did not go to the civil petition inspection site, even though he did not go to the civil petition inspection site. Although he did not request a blood collection even though the drinking value was higher than that of the public official, the plaintiff's occupational driver's license should support two children, and there was no traffic offense or alcohol driving history for about 30 years after the acquisition of the driver's license. In light of the above, the disposition of this case is a case where the plaintiff excessively deviates from discretion.
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.