The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On December 15, 2019, around 03:10 on December 15, 2019, the Plaintiff driven C K7 car volume while under the influence of alcohol level of 0.097% on the front side of Seongbuk-gu Seoul Metropolitan Government.

(2) On February 6, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large 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 February 13, 2020, but was dismissed on April 28, 2020.

[Grounds] In light of the facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 9 (including additional numbers) and the purport of the entire pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case is an agreement with the victim on the traffic accident caused by drinking driving of this case, the plaintiff did not drive a motor vehicle for 15 years, the plaintiff's driver's license as a self-employed business operator operating transportation business, which is essential means to maintain the family's livelihood, and the plaintiff faces economic difficulties with the disposition of this case, the disposition of this case is unlawful since it constitutes abuse of discretion.

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving under the influence of alcohol, 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 suspicion of the result, the necessity for public interest to prevent the traffic accident caused by drinking driving should be emphasized more, and the revocation of the driver's license is rather than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the general beneficial administrative action.