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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The issues of the instant case and the judgment of the court of first instance
A. On April 11, 2014, the key issue of the instant case, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license on the ground that “the Plaintiff driven C Coin in the state of alcohol 0.117% under the influence of alcohol level on April 5, 2014.”
The key issue of this case is whether the disposition of this case was an abuse of discretion.
B. The court of first instance held that the public interest purpose to achieve the disposition of this case cannot be deemed to be less easily than the disadvantage suffered by the plaintiff due to the revocation of a driver's license on the ground of drinking, considering the following: "In the case of the revocation of a driver's license on the ground of drinking, unlike the revocation of a general beneficial administrative act, the ordinary preventive aspect should be emphasized; the plaintiff seems to have been driving in the drinking state merely because the distance from the place of drinking and the house to the house is so close that the plaintiff had an inevitable circumstance to drive the vehicle in the drinking state; the plaintiff's blood alcohol level at the time of crackdown exceeds 0.1% which is the basic value of the disposition to revoke the driver's license; even if the driver's license of this case is revoked, the plaintiff can again acquire the driver's license after the lapse of the disqualified period under Article 82 (2) of the Road Traffic Act."
2. The judgment of this court and the judgment of the court of first instance cited the plaintiff, which is the only means for the livelihood of his family, are in need of driver's license, the plaintiff's license is a soldier and policeman killed in the Korean War. The plaintiff is a soldier and policeman killed in the Korean War who has gathered and faithfully lived as his bereaved family, and the plaintiff's age and financial liabilities are in the crisis of bad credit holders due to the lack of other means of living than his/her own taxi business.