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Reasons
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(영문) 서울행정법원 2017.03.17 2017구단53104
자동차운전면허취소처분취소
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1. Class I, II, and II of the driver’s license granted to the Plaintiff on November 23, 2016.

Reasons

1. Details of the disposition;

A. On November 3, 2016, at around 08:37, the Plaintiff driven a DNA excavation search machine owned C (hereinafter “instant excavation search machine”) under the influence of alcohol leveling 0.162% in front of Seongbuk-gu Seoul, Seongbuk-gu Seoul.

(hereinafter referred to as “drinking driving of this case”). (b)

On November 16, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on January 24, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was unlawful to revoke the driver's license for Class 1, Class 2, and Class 2 motor vehicles, which are not related to the operation of the sowing machine, since it was controlled by drinking. In light of the fact that the plaintiff's family's livelihood is maintained due to driving, the disposition of this case is illegal as a deviation from and abuse of discretionary power.

B. In principle, where a person obtained a multiple driver's license, it shall be treated separately in revocation of the license.

(See Supreme Court Decision 95Nu850 delivered on November 16, 1995). Meanwhile, in a case where the grounds for revocation concerns a person who has obtained a certain license, but is common to another 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 the scope of a vehicle that can be driven with a driver’s license is included in all vehicles that can be driven with a driver’s license

(see, e.g., Supreme Court Decision 98Du1031, Mar. 24, 1998). As to the instant case, the instant disposition ground is under the influence of the Plaintiff.

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