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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around 08:51 on July 30, 2016, on the ground that the Plaintiff driven a motor vehicle for riding a BKanitroon on the front of the road located in the Jindo-Eup Do-Eup Do-si Do-si in the state of under the influence of alcohol on July 30, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s license for driving a Class I ordinary and Class II motor vehicle (license number: C) for driving a motor vehicle for Class II motor vehicle as of September 14, 2016, by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 1, 2, Eul 4 through 9, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion : (a) she selly driven her friendship and alcohol at her friendship house after she was frighting; (b) her blood alcohol concentration was 0.10% when her respiratory was bread; (c) but 0.114% upon her request for the measurement of blood collection.
In light of the fact that the Plaintiff had no record of driving or traffic accidents except for seven traffic offenses which have been minor since the Plaintiff obtained the driver’s license in 2003, and there is no penalty points, and that the parent who lives in the form of soft drive and rare disease should support the female children in preparation for employment, and that the driver’s license is essential if he attends several hundreds of society because he has been employed as a lighting company supplier, the instant disposition constitutes an abuse of discretion because it constitutes an abuse of discretion by the Plaintiff.
B. Even if the revocation of a driver's license on the ground of a drunk 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 a drunk driving, and the suspicion of its result, the need for public interest to prevent traffic accidents caused by a drunk driving should be emphasized.