logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.02.02 2014구단5321
자동차운전면허취소처분취소
Text

1. On November 7, 2013, the Defendant’s revocation disposition for the Plaintiff’s license to the Plaintiff is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. On January 16, 2003, the Plaintiff acquired Class I and Class II driver’s licenses respectively, and Class I and Class I driver’s licenses on November 18, 201, respectively.

B. On November 7, 2013, the Defendant issued a disposition against the Plaintiff on the ground that, around 20:40 on October 15, 2013, the Plaintiff was under the influence of alcohol by 0.242% at the 0.2% of the blood alcohol level from the upper gate in front of the Goyang-gu Goyang-gu Goyang-gu Goyang-gu Goyang-si to the Mayang apartment parking lot located in the same Dong from the streetbed to the Mayang apartment parking lot located in the same Dong (hereinafter “instant disposition”). Pursuant to Article 93(1)1 of the Road Traffic Act, the Defendant issued a disposition revoking all of the Plaintiff’s Class 1, Class 1, Class 1, Class 1, Class 1, Class 2, and Class 2 small driver’s licenses (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 25, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 13 and 14 (including each number in case of a tentative number), the whole purport of the pleading

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff's assertion does not dispute the cancellation of the first-class ordinary driver's license related to the driving of a passenger car driving, but it is improper to revoke all the second-class small, first-class large and first-class special (bitr) licenses acquired by different types of vehicles at different times and places, and it is too harsh to cancel all licenses to restrict social and economic activities.

B. (1) In principle, where a person who judged revocation of a Class II driver's license has obtained multiple driver's license, it shall be separately handled in revocation (see, e.g., Supreme Court Decision 95Nu8850, Nov. 16, 1995). However, where the grounds for revocation are neither a specific license nor a specific license nor a person who has obtained a driver's license, it is common with another license or common with another license.

arrow