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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 20, 2014, the Defendant: (a) rendered the instant disposition with respect to the Plaintiff on the ground that the Plaintiff driven a passenger car B while under the influence of alcohol at a level of 0.105% in front of the gymnasium located in the Sinsan-dong on November 23, 2014; and (b) on the ground that the Plaintiff driven a passenger car B while under the influence of alcohol at a level of 0.105% in front of the gymnasium located in the Sinsan-si, Sinsan-si.
[Ground of recognition] The fact that there is no dispute, Gap evidence 11, Eul evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In full view of all the circumstances, the Plaintiff’s assertion: (a) sent a substitute driver to return home with a good body after drinking alcohol; (b) the Plaintiff was forced to drive without any error; (c) the Plaintiff is currently engaged in the market construction business; (d) the Plaintiff’s vocational driver’s license is essential; (c) the revocation of the driver’s license is very difficult for his family’s livelihood; (d) there was no traffic accident and the driver’s license was revoked due to drinking driving; and (e) there was no traffic accident even at the time of the instant drinking driving; and (e) the instant disposition is closely against the driving of drinking alcohol in this case, it constitutes a case where the Plaintiff abused discretion by excessively harshing the Plaintiff.
B. Determination of the increasing number of motor vehicles today, and the number of driver's licenses are issued in large volume so that traffic conditions are congested, and the need to strictly observe traffic regulations is growing, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, the revocation of driver's licenses on the ground of drinking driving on the ground of drinking driving is more preventive than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the general beneficial administrative act.