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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 November 18, 2014, the Defendant: (a) rendered the instant disposition that the Plaintiff revoked the Plaintiff’s driver’s license as of December 15, 2014, on the ground that, as of October 21, 2015, the Plaintiff driven a B car under the influence of alcohol content of 0.051% at the front of the 172 Gyeongbuk Total Agricultural Machinery, as of October 31, 2014.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 2, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion that the Plaintiff is supporting his family by driving a cargo vehicle, and the driver’s license is revoked, the Plaintiff would lose his/her occupation if he/she loses his/her occupation, fully compensates the victim of the accident for his/her personal and physical damage, and the drinking water was not high at the time of driving the instant vehicle, etc., the Defendant’s instant disposition was unlawful as it is against the law, since the disadvantage suffered by the Plaintiff is excessively large compared to the needs for public interest
B. In today’s determination, the need to strictly observe traffic regulations due to the rapid increase of automobiles, the large number of driver’s licenses is growing, and the traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so the necessity for public interest to prevent traffic accidents caused by drunk driving is very great. Therefore, the revocation of driver’s licenses on the grounds of drunk driving should be emphasized more than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the ordinary beneficial administrative act (see, e.g., Supreme Court Decision 2007Du17021, Dec. 27, 2007). In particular, it is inevitable that the Plaintiff could not avoid drinking driving at the time of regulating a drunk driving.