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(영문) 부산고등법원 2015.03.27 2014누23420
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 issues of the instant case and the judgment of the court of first instance

A. The key issue of the instant case was on October 16, 2014, the instant disposition that revoked the Plaintiff’s driver’s license (Class 1, Class 1, Class 2, and Class 2) on the ground that the Plaintiff driven a passenger car under the influence of alcohol of 0.102% of alcohol content around August 28, 2014.

The key issue of the instant case is ① whether the Plaintiff, who was controlled by drinking driving while driving a passenger car, can revoke the first-class large driver’s license in addition to the second-class ordinary driver’s license, and ② whether the instant disposition revoked the Plaintiff’s driver’s license is an error of law that deviates from and abused the discretion.

B. The judgment of the court of first instance in relation to the issue No. 1) Item 1, the court of first instance held that "if a single person holds several driver's licenses, the court may revoke all the driver's license that can drive the vehicle on the basis of the vehicle driven at the time of the commission of the act of violation if the grounds for revoking the driver's license are common to several driver's licenses. Since the driver's license of the plaintiff can drive the vehicle with the first class and second class ordinary driver's license as well as the first class and second class large driver's license, the plaintiff shall be deemed to drive the vehicle of this case with the first class and second class ordinary driver's license and the first class large driver's license."

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