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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 January 27, 2017, the Plaintiff issued the instant disposition that revoked the first-class ordinary car driver’s license (license number C) of the Plaintiff on February 16, 2017 by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven the second rocketing car in front of the Ganan Middle School located in the Gandong in Gwangju City, under the influence of alcohol by 0.131% (the result of a smoking measurement) of blood alcohol concentration on March 17, 2017.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff is a person in charge of loan business of the bank. On the same day, the Plaintiff served as a client and an acting driver for drinking alcohol. On the other hand, the Plaintiff’s allegation was controlled by drinking alcohol while driving a mobile parking near a large building that makes it easy for an acting engineer to find the Plaintiff’s vehicle.
In addition, considering the fact that the Plaintiff’s driver’s license is essential in light of the Plaintiff’s business characteristics of commuting to and from a long distance and from time to time to make a business trip, there is concern about retirement due to the cancellation of the license, and there is no Plaintiff’s act of violation of the law during driving. In addition, the instant disposition is in violation of the law of abuse of discretion by excessively harshing 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 the revocation of a driver's license on the ground of drinking driving on the ground of the revocation of the general beneficial administrative act, unlike