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(영문) 창원지방법원 2016.06.14 2016구단255
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 21, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1, Class 1, Class 1, and Class 1 (Traler) (hereinafter “instant disposition”) as of December 31, 2015 on the ground that the Plaintiff driven a D negative alcohol level of 0.119% under the influence of alcohol on the front of C on the roads located in Changwon-si, Changwon-si, Changwon (hereinafter “instant disposition”).

On January 8, 2016, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on February 29, 2016.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff’s driving of a motor vehicle is a motor vehicle, and the first-class large and first-class special driver’s license is irrelevant to the driving of a motor vehicle. As such, the part concerning the first-class large and first-class special driver’s license in the instant disposition is unlawful. 2) The Plaintiff supported his/her family by driving dump trucks, which is essential for the Plaintiff to maintain his/her family’s livelihood, the Plaintiff’s driver’s license is revoked or suspended on the ground of a drunk driving, and thus, the instant disposition was unlawful since it exceeded and abused the discretion.

B. Determination 1) In principle, where a person has multiple kinds of driver’s licenses, the revocation or suspension of a driver’s license is considered separate from one another. However, if the grounds for revocation are either common with, or is related to, a person with a certain driver’s license, not with a specific driver’s license (see Supreme Court Decision 2012Du1891, May 24, 2012). According to [Attachment 18] of the Enforcement Rule of the Road Traffic Act, a passenger vehicle is a passenger vehicle for a vehicle that can be driven with a Class 1 large driver’s license or Class 1 special driver’s license.

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