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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 February 28, 2018, the Defendant issued the instant disposition to revoke the Plaintiff’s license for Class I ordinary and Class II ordinary driving vehicles by applying Article 93(1)1 of the Road Traffic Act on March 12, 2018, on the ground that the Plaintiff driven D vehicles under the influence of alcohol concentration of 0.122% on the frontway C in Busan-gu Busan-gu, Busan-do.
[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 there was no fact that the Plaintiff violated traffic regulations or caused accidents for 22 years since 1994, the Plaintiff was engaged in a drunk driving for the purpose of transferring E to the hospital on the wind that the Plaintiff is a war veteran, the Plaintiff’s father is a college graduate, and the Plaintiff’s external mother is in need of the Plaintiff’s active support. In light of the above, the instant disposition is erroneous in the misapprehension of discretionary authority, as it is too harsh to the Plaintiff.
B. Determination 1) Even if the revocation of a driver’s license on the ground of a drunk 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 a drunk driving, and the suspicion of its result, etc., the need for public interest to prevent traffic accidents caused by a drunk driving should be emphasized, and the revocation of a driver’s license on the ground of a drunk driving should be emphasized more than the disadvantage of the party, unlike the revocation of the ordinary beneficial administrative act, to prevent such revocation than the disadvantage of the party (see, e.g., Supreme Court Decision 2012Du1051, May 24, 2012).