음주운전에 의한 복수 운전면허취소처분 판례의 문제점과 관련법제의 개선방안- 대법원 2018.2.28.선고 2017두67476 판결을 중심으로 -

The current Road Traffic Act and all the related legislations are integrally managing a driver's license through giving the driver's license qualification with limiting to a corresponding driver who acquired the certain qualification, and through issuing multiple driver's license in case of having each individual requirement. Also, an administrative restriction such as disqualifying driving is being provided in case of violating safety precaution obligation that a driver will need to abide by such as drunk driving. A vehicle driving of the day has a close relationship with a means of living beyond a tool of pursuing the convenience of life. But people's recognition of safety precaution obligation on vehicle driving is relatively lacking unlike this rise in vehicles. Especially in terms of drunk driving, it was social atmosphere to think of generosity as a virtue with treating it just as a mistake that anybody can make at one time or another. However, due to a social issue according to drunk driving of growing continuously and to a rise in economic loss costs that the whole society needs to bear, the drunk driving resulted in a social issue of needing to be jointly confronted together, not a personal problem of being likely needed to be allowed any more. As if this social atmosphere is reflected, the Supreme Court ruled the contents as saying that the multiple driver's license revocation is not illegal and undue, through positively reflecting the generally preventive aspect on drunk driving recently through the Feb. 28, 2018 sentence-2017du67276 Judgment. As for drunk driving, this judgment is the one enough to be welcomed when considering from the aspect of being necessary for preventive measures such as stepping up a restriction for eradicating the drunk driving because our country has a weaker sanction against drunk driving compared to foreign countries. On the other hand, in that the similar case in the past and the revocation range of multiple driver's license caused by drunk driving brought about a different outcome, it is a precedent whose validity will need to be examined. Accordingly, this study analyzes its difference and problem through a method of comparatively considering the existing position relevant to the cancellation of multiple driver's license caused by drunk driving, and the recent judgement of the Supreme Court, and seeks an improvement plan for all the regulations such as the Road Traffic Act and the enforcement rules, which are the related legislations, in order to prevent unnecessary confusion and to secure effectiveness of the administrative act in which frontline public officials of taking an administrative measure carry out duty based on this. Hence, the aim is to arrange the criteria for the unified administrative restriction and for the exercise of discretionary powers in administrative agency.