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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 September 1, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s Class 1 ordinary car driver’s license (license number: Seoul) as of October 30, 2016 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff’s Class 1 ordinary car (license number: Seoul) on October 30, 2016, on the ground that the Plaintiff driven a 54-day franchise in front of 0.175% (the result of blood collection measurement) under the influence of alcohol in the influence of alcohol.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was discovered through drinking driving when the Plaintiff, while making a parking lot with a substitute driver after drinking with a customer, was disputed with the staff of the parking settlement center and the payment method of fees, resulting in a dispute over directly driving and blocking the vehicle.
At the time, the Plaintiff was driving a vehicle by using the vehicle as a means to supplement the blocking device, and the distance of actual driving was very short, and the Plaintiff was installing a facility by returning to the power plant across the country and thus the driver’s license is essential, and when the driver’s license is revoked, the disposition of this case constitutes a case where the Plaintiff excessively deviates or 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 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 is general.