1. The plaintiff's claim is dismissed.

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

Details of the disposition

On November 3, 2019, around 02:15, the Plaintiff driven B rocketing car with the alcohol level of 0.110% under the influence of alcohol at a point of 97.8 km Seoul, Seoyang-gun Seoul, Yangyang-gun, Seoul (hereinafter “instant drinking”).

On December 7, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common and 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 December 28, 2019, but was dismissed on February 18, 2020.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 10, and the purport of the entire pleadings, the plaintiff did not suffer from the accident due to the plaintiff's assertion of legitimacy of the disposition of this case, the plaintiff actively cooperates in the investigation of drinking driving of this case, the plaintiff has no record of driving driving, the plaintiff is engaged in the clothing manufacturing business, and the driver's license is essential for the plaintiff to maintain his family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful as it deviates from and abused the scope of discretionary power.

Judgment

Today, in light of the fact that the rapid increase of automobiles and the number of driver's licenses are issued in large quantities, and the need to strictly observe traffic regulations is growing, and the traffic accidents caused by the driving of a motor vehicle are frequent and there are many cases where the results are harsh, so it is necessary to strictly regulate driving of a motor vehicle, it is more necessary to realize public interest rather than the disadvantage suffered by the driver who did not cause a traffic accident due to the revocation of the license for the driving of a motor vehicle (see Supreme Court Decision 96Nu10812, Oct. 11, 1996).