beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 10, 2015, at around 19:20, the Plaintiff driven a D low-priced car on the front side of C in the Hanam-si B while under the influence of alcohol of 0.182%.
B. On November 5, 2015, the Defendant rendered the instant disposition to revoke the Plaintiff’s Class II driver’s license (license number: E) on December 1, 2015 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.
[Grounds for recognition] The descriptions of evidence Nos. 1 through 15 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful as the instant disposition is an abuse of discretionary authority, in view of various circumstances, including the following: (a) the Plaintiff’s assertion that he/she is a daily worker and maintains his/her livelihood while living; (b) the driver’s license is essential for about 28 years; (c) the driver was an exemplary driver without any traffic accident as well as any violation of laws and regulations; and (d) the respiratory measurement is merely 0.138%.
B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative action, it should be emphasized that the ordinary preventive aspect should be prevented rather than the disadvantage
In light of the above legal principles, the above evidence and the following circumstances acknowledged by the purport of the entire pleadings as to the instant case shall be considered, even if the Plaintiff asserts, the instant disposition shall be taken into account.