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(영문) 광주고등법원 2016.06.16 2015누7547
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts to the effect that the additional judgment is unfair for the Plaintiff to revoke the first-class driver’s license for tourist buses for business use, which is the only means of living of the Plaintiff’s entire family, as well as the second-class ordinary driver’s license.

In principle, one person shall be treated separately in cases where the driver's license is revoked or suspended as well as several kinds of driver's license is obtained. However, if the grounds for revocation are not related to a specific license, but is common to another license or is related to a person who has obtained a driver's license, all of the licenses may be revoked.

(see, e.g., Supreme Court Decision 2012Du1891, May 24, 2012). According to Article 53 [Attachment Table 18] of the Enforcement Rule of the Road Traffic Act, which provides for the types of motor vehicles, etc. that can be driven by a person who has obtained a driver’s license pursuant to delegation of Article 80(2) of the Road Traffic Act, the motor vehicle for nine passengers and freight driven by the Plaintiff is a motor vehicle that can be driven by a Class 2 ordinary and Class 1 driver’s license. Thus, the reason for revocation of the driver’s license due to a drinking driving constitutes common

Therefore, the disposition of this case that the plaintiff revoked all Class 2 ordinary and Class 1 large driving licenses is legitimate.

3. If so, the decision of the first instance court is justified as the conclusion is consistent with this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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