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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 May 25, 2017, on the ground that the Plaintiff, while under the influence of alcohol at around 01:15, driven the 0.187% of blood alcohol concentration (the result of a smoking measurement) on the roads front of the Suwon National Agricultural Village branch located in Young-gu, Suwon National Agricultural Cooperative, the Defendant issued the instant disposition revoking the Plaintiff’s Class II ordinary car license (license number: C) as of July 8, 2017 by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 1, Eul 4 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was driving a short distance when receiving a request to move a parked vehicle after completing the work conference, which is a part of the restaurant, and the Plaintiff was under the influence of drinking.
In addition to these circumstances, considering the fact that there was no traffic accident or influence of drinking driving for about 19 years since the acquisition of the driver's license, there was no personal or physical damage to others during the drinking driving process, the fact that the company members are in charge of semiconductor development, and the driver's license is essential for supporting business trips, and that three children should be supported including the spouse and the second disability, the instant disposition is too harsh to the Plaintiff, thereby abusing its discretionary power.
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 on the ground of the revocation of a driver's license on the ground of drinking driving, unlike the revocation of the ordinary beneficial administrative act, shall be