자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 17, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (Class 1 common) on the ground that the Plaintiff was under the influence of alcohol by 0.117% at a 192-ro, Gangseo-gu, Seoul, Gangnam-gu, Seoul, on September 4, 2014, while driving a blood alcohol concentration of 0.17% on the 192-way road.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 6, 7, and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the disposition of this case is unlawful since the plaintiff's disadvantage is too high compared to the public interest to achieve the disposition of this case and the plaintiff's discretionary power is abused and abused, considering the fact that the plaintiff did not have a drinking driving after obtaining a Class 1 ordinary driving license in 1998, and that the plaintiff purchased a bond in the market as the most supporting his wife and two children, and delivers and delivers it to the customer.
B. In light of the fact that the number of vehicles rapidly increasing today as well as the number of driver's licenses are issued in large volume, and the need to strictly observe traffic regulations according to the reduction of traffic conditions is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequent and there are many cases where the results are harsh, so it is necessary to strictly regulate the driving of a motor vehicle on the ground of the driving of a motor vehicle, it is necessary to emphasize the general preventive aspect that should be prevented rather than the disadvantage to the party who will suffer from the revocation of the revocation, unlike the cancellation of the general beneficial administrative act (see Supreme Court Decision 2007Du2535, Feb. 14, 2008). As such, the necessity of public interest to prevent the traffic accidents caused by the driving of a motor vehicle and all statements and arguments in B-B and B-9 (including the serial number).