Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 17, 2016, on the ground that the Plaintiff driven DK7 car volume on the roads before the KG7 car volume on the roads in front of the KGGeung-gu CGeung-gu CGung-si, 0.104% of alcohol while under the influence of alcohol, the Defendant, applying Article 93(1)1 of the Road Traffic Act on August 29, 2016, issued the instant disposition revoking the Plaintiff’s Class 1 and Class 2 ordinary car driver’s license (license number: E) as of September 29, 2016, by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, entry in Eul 4 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by the Plaintiff at a convenience store and screen golf course that fell short of 300 meters from the house to drink and drink, and it was difficult for the Plaintiff to drive a drinking-free vehicle with a volume of 100 meters for the next day after driving on the street and high-priced technical equipment, etc. necessary for the work in the vehicle parked near the vehicle parked.
In light of the fact that the Plaintiff used a flat-type substitute driving after drinking, the day is very short and considerable time, and thus, the Plaintiff thought that the Plaintiff was fine and was driving, and that there was no traffic offense during the last 10 years, and that there was no traffic offense, support the wife and two children, and the driver’s license is essential due to a lot of occupational long-distance travel, the instant disposition abused the Plaintiff’s discretion because it is too harsh.
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 is general.