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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 July 28, 2016, on the ground that the Plaintiff driven a Category 1 driver’s license (license number: D) of the Plaintiff’s Class 1 driver’s license on August 18, 2016, on the ground that he/she was under the influence of alcohol 0.213% (the result of blood collection measurement) of blood alcohol content on July 28, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s license as of September 18, 2016, by applying Article 93(1)1 of the Road Traffic Act.
[Ground of recognition] No dispute, Gap 1 through 3 (including virtual number), Eul 4 through 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After completing a meeting with the company fees, the Plaintiff asserted that the proxy driver was living together with his family members. Since the parking location of the vehicle may interfere with the passage of another vehicle, the proxy driver returned to the vehicle and parked again, and the drinking driving was discovered.
The Plaintiff is currently engaged in the collection of large volume waste by driving a 2.5 tons truck at a waste collection company. In light of the fact that the Plaintiff has not driven a large volume of waste only once after the drinking driving was controlled on around 201, that there is no loss of human life or physical damage due to the drinking driving of the instant case, that the wife, children aged 12, and the aged 72 with high blood pressure should support the wife, the aged aged 12, and the aged 72 with high blood pressure, etc., the instant disposition was abused or abused by the Plaintiff from discretion because it is too harsh to the Plaintiff.
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 more, and the revocation of a driver's license on the ground of drinking driving on the ground of revocation of a driver's license on the ground of drinking