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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On January 2, 2006, the Plaintiff acquired a Class 1 driver’s license for large-sized vehicles (B) on February 20, 208, and was driving on February 1, 2008. On June 15, 2015, the Plaintiff driven Category C truck with blood alcohol concentration of 0.116% (Application of F mark) around 10:0 on June 15, 2015, while driving the Category C truck with the driver’s vehicle under the influence of alcohol level of 0.16% (Application of Fmark formula) on a lock-gu Seoul Metropolitan Government D Apartment-gu D Apartment, and concealed the rocketing and other vehicles under the signal waiting, and caused each traffic accident requiring approximately two weeks medical treatment to the drivers of the above damaged vehicle.
B. On July 8, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff caused personal injury while driving under influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on July 22, 2015, but was dismissed on August 18, 2015.
[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is unlawful in light of the following: (a) since January 1, 2014, the Plaintiff served as a driver at a construction company; (b) the driver’s license is urgently required; and (c) when the driver’s license is revoked, his family’s livelihood is threatened; and (d) when excluding one time signal violation, the Plaintiff constitutes a violation of traffic regulations or a violation of drinking regulations; and (e) the instant disposition constitutes a violation of the principle of proportionality and constitutes an abuse of discretionary authority.
B. On the one hand, as the number of vehicles rapidly increase and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the one hand, and in particular, traffic accidents caused by drunk driving are frequent and the results are harsh.