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(영문) 창원지방법원 2016.09.13 2016구단10405
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 31, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, class 2) as of May 22, 2016, on the ground that the Plaintiff driven a B styp car with a blood alcohol concentration of 0.126% under the influence of alcohol on the front side of the KT building located in the Hosi-gu, Sungwon-si, Changwon-si (hereinafter “instant disposition”) on April 26, 2016, on the ground that the Plaintiff driven the B styp car (hereinafter “instant disposition”).

On May 19, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 9, 2016.

[Reasons for Recognition] Entry Nos. 1, 7, and 12 of Eul and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. As the Plaintiff’s second-class driver’s license is unable to drive a vehicle with a second-class driver’s license, the part on the second-class driver’s license among the instant disposition is unlawful, since there is no relation between the Plaintiff’s driving of a vehicle by drinking the vehicle and the Plaintiff’s second-class driver’s license.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 80(2) of the Road Traffic Act provides that the Commissioner of a Local Police Agency shall classify the scope of a driver's license into the first-class driver's license (the first-class driver's license, the second-class driver's license, the second-class driver's license, the second-class driver's license (the first-class driver's license, the second-class driver's license, and the second-class driver's license), the driver's license (the first-class driver's license, the second-class driver's license), and the second-class driver's license (the second-class driver's license), and Article 93(1)1 of the Road Traffic Act provides that where a person who has obtained a driver's license, other than

The contents of the above provisions and risks to road traffic.

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