(영문) 제주지방법원 2014.12.10 2014구합612

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(영문) 제주지방법원 2014.12.10 2014구합612

자동차운전면허취소처분취소

Text

1. On April 30, 2014, the Defendant’s revocation of the driver’s license for the Plaintiff on April 30, 201, is a Class II driver’s license.

Reasons

Details of the disposition

A. On July 24, 1993, the Plaintiff acquired the Class II driver’s license for a motorcycle, the Class I driver’s license on April 18, 1995, the Class I driver’s license on May 1, 1998, the Class II driver’s license on February 20, 199, and the Class I driver’s license on September 25, 2002.

B. On March 23, 2014, at around 20:00, the Plaintiff driven a B1 ton truck with alcohol content of 0.168% (hereinafter “instant vehicle”) while under the influence of alcohol on March 23, 2014, and run approximately 100 meters from the front road of the kidemba in the city of the Jeju-do at the Jeju-si.

C. On April 30, 2014, the Defendant issued a disposition revoking the Plaintiff’s driver’s license [the first class large, first class common, first class special, second class small, second class small, and second class small vehicles] as of June 4, 2014 pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

[Reasons for Recognition] The plaintiff's assertion as to whether there is no dispute, Gap's evidence Nos. 1, 2, Eul's evidence Nos. 1 through 6, and 10, and the overall purport of the pleading is legitimate, and the plaintiff's assertion as to whether the disposition of the whole pleading is legitimate is driving the vehicle

It is unfair to revoke the driver's license for Class 1 large vehicles, Class 1 special vehicles, Class 2 small vehicles, and Class 2 motorcycles.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

In principle, one person shall be treated as separate from one another in cases where he/she has obtained a number of driver's licenses, as well as revocation thereof. However, in cases where the grounds for revocation are not related to a specific license, but common to another license, or is related to a person who has obtained a driver's license, or where the scope of a vehicle that can be driven with a driver's license with a wide range of the scope of a vehicle that can be driven with a driver'

Supreme Court on May 24, 2012

참조조문

-도로교통법 제93조 제1항 제1호

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