1. The plaintiff's claim is dismissed.

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

Details of the disposition

On January 12, 2018, while under the influence of alcohol 0.196% on blood alcohol level, the Plaintiff driven a 4 km car from the front side of Yeongdeungpo-gu Seoul Metropolitan Government to the front side of Gangseo-gu Seoul Metropolitan City.

Accordingly, on February 28, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 2 ordinary) on March 13, 2018 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 4 through 15, and the purport of the entire argument as to legitimacy of the disposition of this case is that the plaintiff's assertion of legitimacy of the disposition of this case is driving the drinking facts with being forgotten, the plaintiff's right to obtain a driver's license for printing business, which is the plaintiff's life, the plaintiff needs a driver's license, the plaintiff supports his spouse, two children, which is difficult to maintain at the time of cancellation of the driver's license, the plaintiff's parent and spouse should use the vehicle from time to time for medical treatment, the plaintiff's parent and spouse, and the plaintiff has maintained traffic regulations for 31 years, and the plaintiff is against the discretionary authority. Thus, the disposition of this case is unlawful.

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual as well as the degree of infringement on public interest 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, as well as all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). In today’s rapid increase in motor vehicles and vehicle driving licenses are issued in large volume, and the need to strictly observe traffic regulations is growing due to traffic congestion. In particular, traffic accidents caused by drunk driving are frequent and are harsh.