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(영문) 수원지방법원 2015.04.01 2015구단30092
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 9, 2002, the Plaintiff driven a motor vehicle under the influence of alcohol of 0.093%, and was discovered while driving a motor vehicle under the influence of alcohol of 0.056% on November 5, 2004, and had each power discovered while driving a motor vehicle under the influence of alcohol of 0.056% on September 24, 2014, the Plaintiff driven a DAtop car on the road front of the CY station located in Ansan-si, 000, under the influence of alcohol concentration of 0.064% on September 24, 2014.

B. On September 23, 2014, the Defendant rendered the instant disposition to the Plaintiff on October 15, 2014 by applying Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving. As of October 15, 2014, the Defendant revoked the Plaintiff’s driver’s license for Class I large vehicles, Class I ordinary vehicles, and Class I special motor vehicles (license number): E.

[Ground of recognition] Evidence Nos. 1, No. 1 to 14, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① revocation of all driver’s licenses held by the Plaintiff is unlawful. ② The Plaintiff’s revocation of the instant disposition is unlawful in light of the following: (a) the Plaintiff’s driver’s license is essential to sell an over-the-job vehicle as a person with disabilities of class III, and Article 93(1)2 of the Road Traffic Act is unconstitutional in violation of the excessive prohibition principle; and (b) the Defendant’s disposition of this case is unlawful as it excessively excessive disadvantages suffered by the Plaintiff compared to the needs of the public interest, and is in violation of

B. As a matter of principle, not only the case where a person who has obtained multiple driver's license, but also the case where a person who has obtained multiple kinds of driver's license, revocation or suspension of the license shall be deemed separate from each other. However, the grounds for revocation or suspension are not related to a specific license, but also pertaining to a person who has obtained a driver's license, all of the driver's license may be revoked

(c).

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