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(영문) 인천지방법원 2016.10.25 2016구단50775
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 August 27, 1993, the Plaintiff was a person who obtained a Class II driver’s license on December 3, 1998, Class I driver’s license on December 1, 1998, Class I driver’s license on December 11, 2006, Class II driver’s license on April 15, 2008, and Class II driver’s license on April 15, 2008. On January 31, 2016: (a) around 06:15, the Plaintiff was under the influence of alcohol 0.085% in the south-gu Incheon Metropolitan City, Seo-gu, Incheon, and was under the influence of alcohol and sustained injury to two victims, and was under the control of the police.

B. On February 23, 2016, the Defendant rendered the instant disposition revoking all of the above driver’s licenses against the Plaintiff with respect to the crime described in the preceding paragraph.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on June 21, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 15 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertionless vehicle can only be operated with the first-class driver's license and the second-class driver's license. The defendant cannot revoke the second-class driver's license which is not related to the above vehicle.

Therefore, the part of the disposition of this case regarding Class 2 small license is illegal.

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

C. Article 93(1) main text and Article 93(1)1 of the Road Traffic Act, which was amended and promulgated by Act No. 13829 on January 27, 2016, effective as of the date of its promulgation, provides that when a person who has obtained a driver’s license other than a student license drives a motor vehicle while under the influence of alcohol in violation of Article 44(1), the commissioner of a district police agency may revoke the driver’s license for all the scope he/she

It is safe and safe by preventing the contents of the amended provisions of the law and risks to road traffic.

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