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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Details of the disposition
On March 22, 2020, at around 01:15, the Plaintiff driven a car-free car in C while under the influence of alcohol level of 0.139% at the front of B at the time of inside of the game.
(2) On April 1, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 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 14, 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 4, Eul evidence Nos. 1 through 8, and the purport of the entire argument as to the validity of the disposition of this case, the distance of drinking driving in this case is merely 200 meters by the plaintiff's assertion as to whether the disposition of this case is legitimate, the plaintiff has no drinking driving power, the plaintiff's entry into the company on condition of driving, and the driver's license is necessarily necessary, the driving is an important means to maintain the family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful
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.