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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 August 31, 1990, the Plaintiff acquired Class 1 ordinary car driving license (CB).
B. On September 28, 2014, at around 22:45, the Plaintiff driven a CNAS car in the state of alcohol with a 0.131% alcohol concentration in blood at the 4km section from the mnive line located in the valley-gu, Suwon-si to the same mnive line line. The Plaintiff was discovered to the police.
C. On October 13, 2014, the Defendant issued a disposition revoking the Plaintiff’s driver’s license as of November 11, 2014 (hereinafter “instant disposition”) to the Plaintiff on October 13, 2014 pursuant to Article 93(1)1 of the Road Traffic Act.
On October 24, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was ruled dismissed on December 3, 2014.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 13, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the Plaintiff’s assertion, although the Plaintiff was driving under influence of alcohol, it is against the depth of the Plaintiff, seven employees as small and medium enterprise operators and their family members are responsible for the livelihood, and the Plaintiff currently is engaged in a sudden business in the limited competition, and when the driver’s license is revoked, the instant disposition is excessively harsh to the Plaintiff, and is unlawful in deviation from and abuse of the scope of discretionary authority.
B. (1) Determination is based on the fact that the revocation of a driver’s license on the ground of a drunk driving is an administrative agency’s discretionary act, and today’s motor vehicle is a mass means of transportation and accordingly, the increase in traffic accidents caused by a drunk driving and its result are frequently involved, etc., the need for public interest to prevent traffic accidents caused by a drunk driving is very great. Thus, it is based on a drunk driving.