자동차운전면허취소처분취소
1. On November 12, 2014, the revocation of the revocation of the Class II driver's license against the Plaintiff shall be revoked.
2...
1. On November 12, 2014, the Defendant issued a disposition to revoke the Plaintiff’s license for Class 1 large, Class 1 ordinary, Class 2 small, Class 2 and Class 2 motorcycles (B) as of December 19, 2014 (hereinafter “instant disposition”) on the ground that “The Defendant driven the Plaintiff’s five-class driver’s license for Class 2 small vehicles on the ground that the Plaintiff’s license for the first class, Class 1 small vehicles, Class 2 small vehicles, and Class 2 small vehicles (B) was in a state of drinking alcohol concentration of 0.168% in the upper right side of the two-dong, Y-dong, YA.”
[Ground of recognition] Facts without dispute, entry of Eul evidence 1, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff driven the 5-Class 2 driver’s license is irrelevant to the drunk driving, since the Plaintiff driven the 5-class car.
Therefore, the instant disposition is unlawful.
B. The Plaintiff’s act of driving a motor vehicle under the influence of alcohol is not related to the second-class small driver’s license (see, e.g., Supreme Court Decision 95Nu850, Nov. 16, 1995). Therefore, the instant disposition is unlawful.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.