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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 August 15, 2015, the Plaintiff driven a motor vehicle (Cenz) (Cenz) at the front of Yongsan-gu Seoul Metropolitan Government road (Cenz) on the roads on which the name near Yongsan-gu Seoul East-gu Accounting Board cannot be known, while under the influence of alcohol of 0.12% around 02:40% of alcohol level.
Accordingly, on October 16, 2015, the Defendant issued a disposition to revoke the driver’s license (D and Class I common) of the Plaintiff on November 17, 2015.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence No. 1-9, the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. In light of the following: (a) there is a possibility that the Plaintiff may have taken advantage of the Plaintiff’s assertion that the Plaintiff was unable to drive under the influence of alcohol for a considerable time after drinking; (b) the Plaintiff did not have any personal motor vehicle accident due to the instant drinking driving; (c) the Plaintiff has been engaged in exemplary driving for 23 years; (d) the Plaintiff is in need of a driver’s license for performing its duties; (e) there is no economic situation; and (e) the revocation of the driver’s license may cause a threat to livelihood; and (e) the Plaintiff’s studies may cause a huge impediment to the Plaintiff’s ability, the instant disposition taken
B. Sanction against a violation of the administrative law is a sanction against the objective fact that is a violation of the administrative law in order to achieve the administrative purpose. Thus, it is difficult to deem that there exists any justifiable cause not to cause any negligence on the part of the violator, on the sole basis of the Plaintiff’s circumstances alone, unless there exists any justifiable reason not to cause any negligence on the part of the party concerned, such as where the violator could reasonably suggest that he/she did not know his/her duty, or where the performance of his/her duty cannot be expected. (See, e.g., Supreme Court Decisions 2014Du15139, Apr. 9, 2015; 2010Du24371, Jun. 28, 2012).
The punitive administrative disposition is socially accepted.