1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff is driving the plaintiff's vehicle parked inside the parking lot at the request of a substitute driver while waiting for a substitute driver at the parking lot of the original rice branch (hereinafter "the parking lot in this case"). Thus, the plaintiff did not intend to drive the vehicle outside the parking lot at all. The place where the plaintiff driven the vehicle is very weak in the nature of the road provided to the public for the traffic of the general public with the parking lot operated by the public agency. The plaintiff is very weak in terms of the quality control in the manufacturing company.

Considering such circumstances, the instant disposition was excessively harsh to the Plaintiff compared to the public interest purpose to be achieved by it, and is unlawful by abusing discretion.

B. Determination 1) Even if the revocation of a driver's license on the ground of drinking, such as 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 volume accordingly, and the tendency to increase traffic accidents caused by drinking driving and the result thereof are frequently involved, the need for public interest to prevent traffic accidents caused by drinking driving is very great. Thus, when the revocation of a driver's license on the ground of drinking driving 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 general beneficial administrative act, the general preventive aspect that should be more emphasized than the disadvantage of the party to be incurred due to the revocation of the license should be emphasized (see Supreme Court Decision 207 December