beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 3, 2017, on the ground that the Plaintiff driven Dunst Motor Vehicle on the front side of Incheon Gyeyang-gu C while under the influence of alcohol 0.124% (the result of the smoking measurement) around April 21, 2017, the Defendant issued the instant disposition revoking the Plaintiff’s Class 1 ordinary driver’s license (license number: E) as of May 27, 2017 by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 2, Eul 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was driving a motor vehicle on behalf of the Plaintiff while the Plaintiff was driving a motor vehicle on behalf of his/her client after making a brief statement about the president of his/her business and the alcohol, but he/she did not drive the motor vehicle on behalf of his/her driver while driving the motor vehicle on board while driving the motor vehicle on board the Plaintiff.
In addition to these driving circumstances, the Plaintiff’s blood alcohol concentration is relatively minor, and the Plaintiff’s blood alcohol content is currently engaged in delivery delivery service from F to F, and thus the driver’s license is essential to perform its duties, and the Plaintiff’s child support and repayment of loans after divorce are required. In light of the fact that the instant disposition is too harsh to the Plaintiff, thereby abusing and abusing discretion.
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 emphasized more than the disadvantage of the parties that would be suffered from the revocation, unlike the revocation of the ordinary beneficial administrative act.