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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 August 1, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license by applying Article 93(1)1 of the Road Traffic Act on August 28, 2017, on the ground that the Plaintiff driven D vehicles under the influence of alcohol by 0.129% in front of C in Kimhae-si, Kimhae-si, on the grounds that the Plaintiff driven D vehicles under the influence of alcohol concentration of 0.129%.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff did not have any power except for violation of the recommended laws and regulations for 13 years since the Plaintiff acquired the driver’s license on June 13, 2005; the Plaintiff was not driving on his behalf at the time of the instant case; the Plaintiff obstructed traffic flow at the time of the instant case or did not cause any traffic accident; the Plaintiff’s blood alcohol content is similar to 0.1%, which is the criteria for revocation of license, with 0.1% as the Plaintiff’s blood alcohol content as 0.129%; the Plaintiff led to the confession of a criminal body; the Plaintiff has decided not to drive a motor vehicle again; the Plaintiff is in need of driving a motor vehicle because of the Plaintiff’s performance of the business of supplying the motor vehicle parts; the instant disposition is excessively harsh 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 who will suffer from the revocation, unlike the revocation of the ordinary beneficial administrative act.