자동차운전면허취소처분취소
1. On October 29, 2015, the Defendant’s revocation of the driver’s license for a motor vehicle against the Plaintiff is a Class II driver’s license.
1. On October 29, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class II common, Class II small, and B) on November 25, 2015 on the ground of drinking as stated in the separate facts constituting a crime.
(hereinafter “Disposition in this case”). 【No dispute exists, Eul evidence Nos. 1 and 12, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. In principle, the revocation of a Class 2 “small” driver’s license is to be treated as separate from one another in cases where a person who has obtained multiple kinds of driver’s license, as well as revocation thereof. However, if the revocation does not relate to a specific license, but is related to a person who has obtained a license, or is common to another license, or is related to a person who has obtained a driver’s license, or the scope of a vehicle that can be driven with a driver’s license is wide enough to be revoked and all vehicles
(See Supreme Court Decision 2012Du1891 Decided May 24, 2012 (see, e.g., Supreme Court Decision 2012Du1891, May 24, 201). The reason for the instant disposition is that the Plaintiff driven a motor vehicle listed in the separate facts constituting the crime. Since the said motor vehicle cannot be driven with a Class II driver's license, the Plaintiff is driving the said motor vehicle only with a Class II ordinary driver's license, and the Class II driver's license is not related to the operation of the said motor vehicle, and according to Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act (hereinafter referred to as the "Act"), the motor vehicle that can be driven with a Class II driver's license does not include all the motor vehicles that can be driven with a Class II driver's license (a two-class driver's license can only be driven with a Class II driver's license) and it can not be viewed that the two-class ordinary driver's license is prohibited, and therefore, the part of the instant disposition concerning Class II driver's license.