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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 21, 2018, the Defendant issued a disposition to revoke the Plaintiff’s license for Class 2 ordinary vehicle driving (hereinafter the instant disposition) by applying Article 93(1)1 of the Road Traffic Act on August 9, 2018, on the ground that the Plaintiff driven a B car while under the influence of alcohol level of 0.147% on the front of a corporate bank located in Busan Metropolitan City, Busan, U.S. 4-ro 4, U.S. 4. 1.
[Ground for recognition] Unsatisfy
2. Whether the disposition is lawful;
A. The plaintiff's assertion that the plaintiff was trying to take a friend to the restaurant located in the restaurant where the plaintiff she had drunked and tried to take a friend, but the friend driver was controlled by the drinking driving of this case during the course of driving her friendship. The plaintiff did not have a friend driver once since she acquired the driver's license in 2000, and the plaintiff supported 7-year-old children suffering from brain disease 1 disability after her husband's divorce with her husband and supported 9-year-old children, and the disabled children need a driver's license even in order to send back to Busan University Hospital. The plaintiff is an employee of the real estate investment development company, and the plaintiff is also in need of the driver's license due to the characteristics of the occupation that the customer and the real estate should find, and thus, the disposition of this case is unlawful since it excessively abused the discretion of 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 suspicion of its result, 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 is different from the revocation of general beneficial administrative act.