2. The costs of lawsuit shall be borne by the Plaintiff.

On December 30, 2018, while under the influence of alcohol around 20:30, the Plaintiff driven a car with CNsi G80 vehicle from the Food IIC to the Hopan IIC bank in the Southern-si B exclusive road, in a state of alcohol of 0.121%.

Accordingly, on January 28, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) on February 12, 2019 against the Plaintiff.

(2) In light of the following facts: (a) there is no dispute; (b) Gap evidence Nos. 1, 2, and Eul evidence Nos. 5 through 8, 11, and 12; and (c) the purport of the entire argument of the Plaintiff’s assertion as to the legitimacy of the disposition of the instant case, the Plaintiff’s assertion as to the legitimacy of the disposition of the instant case is unlawful: (a) at the time of the instant case, a proxy engineer stopped at an expressway resting; and (b) the mother complained of the clothes and forced the Plaintiff to drive inevitably; and (c) the Plaintiff directly delivers the news center while operating the center; and (d) the Plaintiff’s driver’s license is essential, the instant disposition of this case is deemed to be unlawful

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages that an individual suffers from such disposition by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). Since today's rapid increase in motor vehicles and the number of driver's licenses are issued in large volume, and the need to strictly observe traffic regulations is increasing as traffic conditions are complicated, and in particular, traffic accidents caused by drinking driving are very frequently and harsh, and thus, the necessity for public interest to prevent traffic accidents caused by drinking. Therefore, the revocation of driver's licenses on the ground of drinking driving on the ground of drinking.