(영문) 대구지방법원 2015.05.15 2014구단3346

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(영문) 대구지방법원 2015.05.15 2014구단3346

자동차운전면허취소처분취소

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1. On August 22, 2014, the Defendant’s revocation of the driver’s license for the Plaintiff on August 22, 2014, is a Class II driver’s license.

Reasons

1. On August 22, 2014, the Defendant rendered the instant disposition with respect to the Plaintiff, on the ground that the Plaintiff driven B automobiles (hereinafter “instant automobiles”) on the roads front of the Samsung Logistics Center located in Daegu Seo-gu Samsungdong (hereinafter “instant automobiles”) while under the influence of alcohol of 0.102% of blood alcohol content around August 11, 2014, the Defendant revoked the Plaintiff’s driver’s license (class 1, class 2, and class 2) as of September 20, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition is not possible to drive a Class 2 driver’s license with a Class 2 driver’s license, and its revocation is unlawful. 2) In view of the fact that the Plaintiff is in charge of the transportation and business management of meat at the food materials distributors, the Plaintiff’s abuse of discretionary power is in charge of the management of meat-type and business, and the driver’s license is essential due to the nature of the business, the cancellation of the driver’s license is the loss of the workplace, the family’s livelihood is difficult, the distance of the vehicle is merely 100, the driving distance is merely 100, the driving distance is not high, and there is a possibility of error in the drinking measuring machine, and the instant disposition is against the Plaintiff’s depth of the drinking alcohol

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1 does not only apply to cases where a person having a reason for disposition has obtained multiple driver's license, but also to cases where such license is revoked. However, in cases where the reason for revocation is not related to a specific license, but also related to a person who has obtained a driver's license, or is related to a person who has obtained a driver's license, and the scope of a vehicle that can be driven with a driver's license is wide, and all of the vehicles are allowed to drive with a driver's license

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