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(영문) 창원지방법원 2016.03.29 2015구단1008
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 10, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) as of July 7, 2015, on the ground that “The Plaintiff driven a B-type car with blood alcohol concentration of 0.09% on the front of the dong department store located in the Sung-gu, Changwon-gu, Changwon-si, Sungwon-si, Seoul Special Metropolitan City (hereinafter “instant disposition”).

On August 20, 2015, 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 request for administrative appeal on September 22, 2015.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 12, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. As the Plaintiff’s argument that the first-class special driver’s license cannot be driven with a passenger vehicle, the first-class special driver’s license and the first-class special driver’s license cannot be revoked on the ground of the drinking driving of the passenger vehicle, as long as there is no relation between the first-class special driver’s license and the first-class special driver’s license, and thus, the instant disposition revoking all the driver’s licenses, including the first-class special

B. In principle, the grounds for revocation are different from one another in cases where one person obtains multiple kinds of driver's licenses as well as revocation or suspension thereof. However, if the grounds for revocation are neither related to a specific driver's license nor related to a person who has obtained a driver's license, a number of driver's licenses may be revoked in full.

(See Supreme Court Decision 2012Du1891 Decided May 24, 2012). According to Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act, vehicles that can be operated with a Class 1 special driver’s license include vehicles that can be operated with a Class 2 ordinary driver’s license, and thus, they constitute Class 2 ordinary driver’s license.

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