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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 June 21, 2017, at around 07:29, the Plaintiff: (a) driven a BM3 car while under the influence of alcohol concentration of 0.058% (hand as a result of smoking measurement) on the roads near Pyeongtaek-si, Chungcheongnam-do; (b) on the ground that the Plaintiff caused three ordinary car driving licenses (license number: C) on July 13, 2017 by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued the instant disposition revoking the Plaintiff’s Class II ordinary car driving licenses (license number) as of August 3, 2017.
[Ground of recognition] No dispute, Gap 2-1, Eul 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff returned home after completing a laundry work, which led to a minor dispute between a person living together with him/her and his/her driver was under the influence of drinking, and he/she was under the influence of drinking.
Considering the fact that the Plaintiff’s acquisition of a driver’s license had no traffic accident or drinking driving record except for two violations of laws and regulations for about 16 years, the drinking alcohol level is relatively minor, the failure to drive a laundry in an apartment building has a big obstacle to his duties, and the Plaintiff has to support 6 South Korea after divorce and to look at a person living together with a disability, etc., the instant disposition is too harsh to the Plaintiff, thereby abusing or 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, and the suspicion of its result, 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 different from the revocation of general beneficial administrative act.