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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around 00:10 on July 2, 2017, the circumstances leading up to the disposition that the Plaintiff driven B cruise car while under the influence of alcohol at a level of 0.126% (as a result of a reduction measurement) at the front of the Civil Defense Education Office located in the distance from the transfer of culture in Suwon-si, Suwon-si, Suwon-si, and caused one traffic accident at the ordinary border (two weeks in front) by applying Article 93(1)1 of the Road Traffic Act. On July 24, 2017, the Defendant issued the instant disposition revoking the Plaintiff’s license as of August 18, 2017, by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had a new workplace with retirement pay for the Plaintiff, and that the Plaintiff had a substitute employee, but did not go through a substitute officer, and the driving of the Plaintiff was under the influence of alcohol due to traffic accidents.
Considering that the Plaintiff’s acquisition of a driver’s license had no record of driving or traffic accidents except for the Plaintiff’s violation of laws and regulations for about nine years, the drinking alcohol level is relatively minor, the Plaintiff’s work as a post office exhaustr, and thus, is likely to retire if the license is revoked, and the Plaintiff’s excessive business burden is imposed on other club members, and the Plaintiff has been engaged in voluntary activities constantly, the instant disposition is too harsh to the Plaintiff, thereby abusing and abusing discretion.
B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, the suspicion of its consequences, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving is more emphasized.