(영문) 수원지방법원 2016.01.27 2015구단3410

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(영문) 수원지방법원 2016.01.27 2015구단3410

자동차운전면허취소처분취소

Text

1. Class II small-sized in the revocation disposition of the license granted by the Defendant to the Plaintiff on September 24, 2015.

Reasons

1. Details of the disposition;

A. On August 20, 2002, the Plaintiff driven a motor vehicle under the influence of alcohol of 0.071% and was discovered while driving a motor vehicle under the influence of alcohol of 0.15% on May 29, 2003, and was discovered while driving a motor vehicle under the influence of alcohol of 0.115% on May 29, 2003, the Plaintiff driven a BM5 motor vehicle volume on the roads in front of the YG located in the New-dong, Chungcheongnam-gu, Seoul Special Metropolitan City in the influence of alcohol of 0.076% on September 3, 2015.

B. On September 24, 2015, by applying Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving, the Defendant issued the instant disposition to revoke the Plaintiff’s license for Class 1 large, Class 1 ordinary, Class 1 special, Class 1 (Traler), Class 1 special, Class 2 small vehicles (license number): and Class 2 small vehicles (license number):

[Grounds for recognition] The descriptions of evidence Nos. 1 through 13 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful to revoke the Plaintiff’s second-class driver’s license that is not related to the Plaintiff’s vehicle. ② The Plaintiff’s revocation of the Plaintiff’s second-class driver’s license is illegal in light of various circumstances, such as the fact that the Plaintiff is in charge of business and supply affairs in the company and the driver’s license is essential, and that the Plaintiff’s license is necessary to support the mother who suffers inconvenience and his family’s livelihood, compared with the needs for public interest, and thus, the instant

B. As a matter of principle, not only the case where a person who has obtained multiple driver's license, but also the case where a person who has obtained multiple kinds of driver's license, revocation or suspension of the license shall be deemed separate from each other. However, the grounds for revocation or suspension are not related to a specific license, but also pertaining to a person who has obtained a driver's license, all of the driver's license may be revoked

(c).

참조조문

-도로교통법 제93조 제1항 제2호

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