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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 February 21, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s license for Class I large, Class I ordinary, Class I ordinary, and Class II ordinary vehicles (license number: C) as of April 3, 2016, by applying Article 93(1)1 of the Road Traffic Act on March 3, 2016, on the ground that the Plaintiff driven the B-learning car on the front of the luminous Police Station located in the Lighting-dong, 0.13% of alcohol content while under the influence of alcohol on February 21, 2016.
[Ground of recognition] No dispute, entry in Eul 4 to 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was found to have been conducted by a police officer since 3 p.m. on the day of the same day after completing a conference hall of high school and the same that does not include drinking. At the time of enforcement, the Plaintiff’s blood alcohol concentration was relatively insignificant, and the driving distance was less than 50 meters, and the driving distance was less than 50 meters, the Plaintiff must support three children and the mother in her name by divorce before 8 years, and the driver’s license is essential while entrusted with the operation of convenience points, and the error is closely divided, the instant disposition is unlawful in that the Plaintiff deviates from or abused 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, unlike the revocation of the ordinary beneficial administrative act, shall be