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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
On April 19, 2018, around 04:15, the Plaintiff driven a motor vehicle in the E Spoty area under the influence of alcohol concentration of 0.186% from the front of the “C market” in Dongdaemun-gu Seoul Metropolitan Government, to the front of the Seoul Dongdaemun-gu D.
Accordingly, on May 10, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class I ordinary) as of June 9, 2018 against the Plaintiff.
(2) The disposition of this case is unlawful in light of the following facts: (a) there is no dispute; (b) Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 17; and (c) the overall purport of the argument of the disposition of this case is legitimate; (c) the plaintiff did not suffer damage to traffic accidents, etc. due to the plaintiff's drunk driving; (d) the plaintiff actively cooperates with the investigation; (d) the plaintiff actively cooperates with the investigation; (e) the plaintiff's driver's license is absolutely necessary for maintaining livelihood; and (e) the plaintiff must support minor children.
Judgment
Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000) by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). Since the rapid increase of motor vehicles and the number of driver's licenses of motor vehicles are issued in large volume, and the need to strictly observe traffic regulations is increasing, and in particular, the traffic accidents caused by drinking driving are very frequent and it is very important for the public interest to prevent traffic accidents caused by drinking driving.