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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around 00:40 on May 20, 2017, on the ground that the Plaintiff driven a D-to-pubed car on the front side of the road located in Mayang-gu B in the Mayang-gu Mayang-si in the influence of alcohol at 0.14% (the result of the smoking measurement), the Defendant, applying Article 93(1)1 of the Road Traffic Act on May 29, 2017, issued the instant disposition revoking the Plaintiff’s second-class ordinary car driver’s license (license number: E) as of July 2, 2017.
[Ground of recognition] No dispute, Gap 2, 4, Eul 4 through 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff spawned tobacco while riding the spawn and drinking on the day, and the plaintiff spawned out while driving the spawn, and it would cause inconvenience to pedestrians as the plaintiff spawn parked across India, and the plaintiff spawned on drinking driving.
In addition to these driving circumstances, considering the fact that the Plaintiff has no traffic accident or the influence of drunk driving in the past, the Plaintiff did not inflict physical and physical damage on others, and the driving distance is only two meters, it cannot be excluded from an excessive measurement by measuring the alcohol level due to the rise of blood alcohol concentration, and the Plaintiff’s work as a researcher of the automobile company and needs a driver’s license for long-distance commuting to and from work, business trip, etc., the instant disposition is excessively harsh to the Plaintiff, thereby abusing the discretion.
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, the suspicion of its consequences, 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 is revoked.