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(영문) 서울고등법원 2015.09.24 2015누47081
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the first instance, except where the plaintiff added a judgment on the matters asserted in the trial under paragraph (2). Thus, this case shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s vehicle driven by the Plaintiff is a vehicle that can be driven with a Class I ordinary driver’s license, and the revocation of all Class I large and Class I ordinary driver’s license on the ground of the Plaintiff’s drunk driving is illegal by abusing its discretion.

Judgment

In principle, one person shall not only obtain a number of driver's licenses, but also revoke or suspend them. However, it is reasonable to deem that the grounds for revocation or suspension are not related to a specific license, but also common to another license or may revoke or suspend all driver's licenses in case of a person who has obtained a driver's license.

(See Supreme Court Decision 200Du5425 Decided September 26, 200). The plaintiff returned to the instant case, and the plaintiff was holding a Class 1 and Class 1 ordinary driver's license. On January 26, 2015, the plaintiff was driving a private taxi in C with a vehicle under the influence of alcohol level of 0.110% in the state of alcohol level of 0.110%. According to Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act, the above car can be driven not only with Class 1 ordinary driver's license, but also with Class 1 large driver's license. Thus, the driving of the instant case constitutes grounds for revocation common to each of the above driver's licenses owned by the plaintiff.

Therefore, the defendant can revoke all of the above driver's licenses related to drinking driving of this case. Thus, it is sufficient to say that driving of this case is only a driving of the above vehicle.

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