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(영문) 서울행정법원 2016.03.25 2016구단35
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 29, 2015, around 08:20 on May 29, 2015, the Plaintiff driven a passenger car with blood alcohol concentration of 0.102% at the front of Gangseo-gu Seoul Metropolitan Government B, and controlled it to the police.

B. On June 11, 2015, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license [the first class type, first class, first class, first class, first class, second class, and second class] on the ground of drunk driving as stated in the preceding paragraph (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on October 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, 5, 6, 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff was driving a passenger car in violation of the principle of prohibition of unfair decision-making. The instant disposition that revoked the first-class special driver’s license that is not superior to the Plaintiff is unlawful in violation of the principle of prohibition of unfair decision-making. 2) The instant disposition is erroneous in the misapprehension of discretionary authority, taking into account the following: (a) the degree of blood alcohol level is not high; (b) the driving distance is not driving distance; and (c) the Plaintiff’s driver’s license is necessary for economic activities

B. Determination 1) In principle, it is reasonable to regard the assertion of violation of the principle of prohibition of unfair decision-making as separate cases in the revocation or suspension as well as the acquisition of multiple kinds of driver's licenses. However, it is reasonable to view that the grounds for revocation or suspension are not related to a specific license, but for a person who has obtained a driver's license, the whole driver's license may be revoked or suspended (see, e.g., Supreme Court Decision 96Nu4992, Jun. 28, 1996). We can see that the driver's license may be revoked or suspended in the case of a person who has obtained a driver's license (see, e.g., Decision 96Nu4992, Jun. 28, 1996).

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