자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 26, 2014, at around 19:44, the Plaintiff, while driving a B low-priced passenger vehicle with a blood alcohol content of 0.095% (hereinafter “instant vehicle”), was under the influence of alcohol, and was under control.
B. On August 6, 2014, the Defendant issued a disposition revoking the Plaintiff’s Class 1 and Class 2 ordinary driver’s license (C) on September 6, 2014 pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff had the influence of drinking under the preceding paragraph twice or more (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around September 30, 2014.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5 evidence, Eul 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has two drinking skills, but the said two-time drinking driving was conducted before acquiring the first-class ordinary driver’s license on August 2, 2013.
In the case of the plaintiff, the reason for violation should be determined according to the type of license.
Therefore, the revocation of the Class 2 ordinary driver's license is illegal, separate from the Class 2 ordinary driver's license.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In principle, if one person obtains a number of driver's licenses, as well as where one person intends to revoke or suspend such licenses, it may be revoked or suspended in whole as well as where the grounds for revocation or suspension are not pertaining to a specific license, but pertaining to a person who has obtained a license, or is common to another license, or is related to a person who has obtained
(See Supreme Court Decision 91Nu8289 delivered on September 22, 1992, and Supreme Court Decision 96Nu4992 delivered on June 28, 1996, etc.). Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act provides that "passenger cars" shall be classified as one type of vehicle that can be driven as a Class I driver's license.