자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 24, 2015, the Defendant: (a) rendered the instant disposition that the Plaintiff revoked the Plaintiff’s driver’s license (Class II common use) as of April 19, 2015 on the ground that, around March 7, 2015, the Plaintiff driven B cargo vehicles under the influence of alcohol content of 0.061% in front of the original intersection in the front of the original intersection located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Chungcheongnam-do-gun, Cheongdo-do-ro, Cheongwon-do-gun, and caused a traffic accident of one of the former (hereinafter “instant accident”); (b) the Plaintiff’s driver’s license (Class II common use).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion that the Plaintiff is engaged in agriculture and livestock breeding business, and thus, the Plaintiff’s driver’s license is necessary for the Plaintiff to engage in his occupation, and that the revocation of the driver’s license causes much trouble in livelihood, there is no history of driving or traffic accident before the instant accident, and that it is difficult to obtain the driver’s license again as an age of 67 years old, etc., the Defendant’s disposition of this case is unlawful as it deviates from and abused the Plaintiff’s discretionary power
B. The need to strictly observe traffic regulations according to the reduction of traffic conditions is increasing as the number of vehicles rapidly increase today and the number of driver's licenses are issued in large volume. In particular, traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, in the revocation of driver's licenses on the grounds of drunk driving, unlike the cancellation of ordinary beneficial administrative acts, the general preventive aspect should be emphasized more than the disadvantage of the party who will suffer from the revocation of the license, and it should be emphasized more than the disadvantage of the party who will suffer from the revocation of the license.