자동차운전면허취소처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant of the claim on September 4, 2014.
1. The reasoning of the judgment of the court of first instance that cited this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
In the second sentence of the first instance judgment, the following shall be added to the licence for the last two years:
A two-wheeled vehicle with an engine displacement exceeding 125 cc which is subject to a Class II driver's license, shall not be operated, but may be operated for a two-wheeled vehicle with an engine displacement exceeding 125 cc which is subject to a Class II driver's license for a two-wheeled vehicle.
Article 80 (2) of the Road Traffic Act, and attached Table 18 of the Enforcement Rule of the Road Traffic Act)
(b) by inserting 16 pages 3 of the first instance judgment, the following shall be added:
【The Plaintiff’s revocation of both Class I ordinary drivers’ licenses and Class I drivers’ licenses beyond Class II drivers’ licenses on the ground that the Plaintiff driven a two-wheeled vehicle with an engine displacement of 49 cc or more, which is the subject of Class II drivers’ licenses under the instant disposition, on the ground that the Plaintiff driven a two-wheeled vehicle with an engine displacement of 125 cc or more, which is the subject of Class II drivers’ licenses. The Plaintiff’s revocation of Class I drivers’ licenses and Class I drivers’ licenses is contrary to equity on the ground that the Plaintiff driven a two-wheeled vehicle with an engine displacement of 125 cc or more, which is the subject of Class II drivers’ licenses under the instant disposition (see, e.g., Supreme Court Decision 91Nu8289, Sept. 22, 192) on the ground that the Plaintiff driven a two-wheeled vehicle with an engine displacement of 49 cc or more, which is the subject of Class II drivers’ licenses.”
2. Accordingly, the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed as it is without merit.