1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 11, 200, the Plaintiff acquired Class 1 driver’s license for large vehicles (B) on July 2, 201, and Class 1 driver’s license for large vehicles (B).

On September 12, 2015, around 00:45, the Plaintiff was under the influence of alcohol with a blood alcohol level of 0.185% 0.18%, and was under the influence of driving CK7 vehicle to E in front of the street located in Ulsan-gu, Ulsan-gu.

B. Accordingly, on October 23, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on December 15, 2015, but was dismissed on January 22, 2016.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the disposition is lawful;

A. Considering the fact that the driver’s license is essential when the Plaintiff’s license is revoked due to the characteristics of the Plaintiff’s alleged company in performing its duties, the business cannot resume, and thus, the status of business closure would substantially lead to the Plaintiff’s and his family’s livelihood difficult, etc., the Defendant’s disposition of this case constitutes an unlawful case where the Plaintiff’s disposition was excessively harsh and constitutes a deviation or abuse of its discretionary power.

B. The need to strictly observe traffic regulations is increasing due to the rapid increase of motor vehicles today, the number of driver's licenses of motor vehicles is issued in large quantities, and traffic conditions are congested on the day, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, in revocation of driver's licenses on the grounds of drinking driving on the grounds of drinking driving, unlike revocation of the general beneficial administrative act, the general preventive aspect should be emphasized more than the disadvantage of the party who will suffer from the revocation, and it should be prevented than the disadvantage of the party who will suffer from the revocation.

Supreme Court Decision 2007Du1702 Decided December 27, 2007