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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 00:58 on April 29, 2017, on the ground that the Plaintiff driven a DMF3 car in front of Eunpyeong-gu Seoul on the roads located in Eunpyeong-gu Seoul under the influence of alcohol by 0.131% (the result of a smoking measurement), the Defendant applied Article 93(1)1 of the Road Traffic Act, thereby cancelling the Plaintiff’s Class 1 ordinary car driver’s license (license number: E) as of May 30, 2017.
[Ground of recognition] No dispute, Gap 1, 2, Eul 4 through 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was on the day that the Plaintiff, while driving by driving directly to a place where there is a large building where a substitute driver did not find a place, while driving by driving directly at the place where the substitute driver did not have any location, in order to have the friend with the friend who was fluent by a man in the fluence house near the details of the tobacco in Eunpyeong-
In addition to these driving circumstances, considering the fact that the Plaintiff is a simple drinking driver who has no personal or physical accident, the Plaintiff’s driver’s license is essential because the Plaintiff is running real estate business, and his parents have to complete payments and support his family members, the instant disposition is in violation of the law of abuse of discretionary power by excessively harshly treating 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 on the ground of drinking driving should be prevented rather than the disadvantage of the party to whom the revocation would be suffered, unlike the revocation of the general beneficial administrative act.