The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On March 7, 2020, at around 17:50, the Plaintiff driven B K3 car volume while under the influence of alcohol with 0.105% alcohol level on the front side of the Gangseo-gu, Mapo-gu, Seoul (Guri-day), the Hanyangbuk-gu, Seoul.

(2) On March 31, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 2 common) on the ground of the instant drunk driving.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 13, 2020, but was dismissed on May 19, 2020.

[Reasons for Recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 8, the purport of the entire pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff's assertion that there is no driving power on drinking water, the plaintiff's driver's license is necessarily necessary, driving is an important means to maintain family's livelihood, and the disposition of this case faces economic difficulties, etc., the disposition of this case is unlawful because it is an abuse of discretion.

Judgment

If a person who obtained a driver's license causes a traffic accident intentionally or by negligence while driving a motor vehicle, even though the revocation of the driver's license 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 volume, the increase of traffic accidents caused by drinking driving, and the cruelness of the result, the necessity of public interest should be emphasized more, and the cancellation of the driver's license should be more emphasized than the disadvantage of the party who will suffer from the cancellation, unlike the cancellation of the general beneficial administrative action.