1. On September 8, 2015, the Defendant’s revocation of the driver’s license granted to the Plaintiff on September 8, 2015 is a Class II driver’s license.

1. Details of the disposition;

A. On September 8, 2015, the Defendant is driving C vehicles while under the influence of alcohol by 0.112% at the Daegu-gu apartment parking lot around 23:00 on August 20, 2015.

On October 3, 2015, the plaintiff's driver's license (Class 1 large, Class 1 ordinary, and Class 2 small) was revoked on the ground that the damage caused physical traffic accidents.

B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 30, 2015.

【Facts without dispute over the ground for recognition, Gap evidence 16, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) part of the instant vehicle’s second-class driver’s license cannot be driven with a second-class driver’s license, and its revocation is unlawful.

(2) In light of the fact that the Plaintiff’s deviation and abuse of discretionary power to Class 1 driver’s license is engaged in the building remodeling and repair business and requires vocational driving, and that there are many difficulties in family’s livelihood when the driver’s license is revoked, the instant disposition is excessively harsh and is an abuse of discretionary power.

B. (1) Determination on the part of Class II driver’s licenses in the instant disposition is unlawful in light of the following and the legal provisions, etc.

① The instant disposition reason is that the Plaintiff driven the instant vehicle in the state of driving. Since the instant vehicle cannot be driven with a Class II driver’s license for a small-sized driver’s license, the instant vehicle is driven only with a Class I driver’s license for large and Class I driver’s license, the instant Class II driver’s license is ultimately irrelevant to the instant vehicle’s driving.

② On the other hand, according to Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act, a driver may drive a vehicle with a Class I driver’s license and a Class I driver’s license with a Class II driver’s license.