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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 January 16, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class 1 common) as of February 18, 2015 on the ground that the Plaintiff driven a motor vehicle D’s driver’s license (Class 1 common) on the ground that, around 15:50 on January 5, 2015, the Plaintiff driven a road front of a gas station located in Daegu Northern-gu Seoul Northern-gu B in a state of alcohol content of 0.137% in blood alcohol concentration.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 8, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. In full view of all the circumstances, including the fact that the Plaintiff’s assertion uses the vehicle to support the family by collecting and transporting scrap metal and supporting the family, the driver’s license is essential for the occupation of the Plaintiff, that there is considerable difficulty in treating the family’s livelihood and urology when the driver’s license is revoked, that there is no history of drinking prior to the instant case, and that it is against the depth of drinking driving of the instant case, the instant disposition constitutes a case where the Plaintiff excessively harshly abused or abused the discretion.
B. In today’s determination, the need to strictly observe traffic regulations due to the rapid increase of automobiles, the large number of driver’s licenses is growing, and the traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, in revocation of driver’s licenses on the grounds of drunk driving, unlike revocation of ordinary beneficial administrative acts, the ordinary preventive aspect should be emphasized more than the disadvantage of the party who will suffer from such revocation (see, e.g., Supreme Court Decision 2007Du17021, Dec. 27, 2007). It is inevitable to avoid drinking driving at the time of the instant crackdown.