1. The plaintiff's claim is dismissed.

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

1. On July 24, 2016, on the ground that the Plaintiff driven a motor vehicle at Cppam on the roads Mapo-gu Seoul, Mapo-gu, Seoul, under the influence of alcohol content of 0.149% on July 24, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s Class 1 ordinary driver’s license (license number: D) as of September 20, 2016 by applying Article 93(1)1 of the Road Traffic Act.

[Ground of recognition] No dispute, Gap 2, Eul 4 through 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was unable to drive a vehicle on his phone while drinking alcohol, and did not salute the vehicle, and thus, the Plaintiff was found to have driven a vehicle on his own at a distance of one meter, and a minor traffic accident, which led to the detection of drinking alcohol.

In light of the fact that the Plaintiff had no record of drinking driving, etc. after re-acquisition of a driver's license on March 1997, and that the Plaintiff applied for individual rehabilitation while engaging in construction business is in charge of the sales and delivery of collection and delivery in the international market located in Mapo-gu Seoul, and the driver's license is essential and the Plaintiff and his family's livelihood are difficult if the license is revoked, the instant disposition constitutes cases where the Plaintiff excessively deviates or abused the discretion due to excessive prejudice to the Plaintiff.

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, and the seriousness of the result, 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 on the ground of drinking driving should be prevented rather than the disadvantage of the party to whom the revocation would be suffered, unlike the revocation of the general beneficial administrative act.