In the case of operating a vehicle that can be operated with a Class I driver's license during the suspension period of the driver's license, whether the driver's license of Class I driver's license can be revoked (affirmative)

In principle, it is not only when one person obtains a driver's license of a kind, but also when the person with a first-class driver's license cancels or suspends it, it is not possible to drive a large-class driver's license with a first-class driver's license. However, according to Article 26 [Attachment Table 13-6] of the Enforcement Rule of the Road Traffic Act, the first-class driver's license is not only a large-class driver's license, but also a large-class driver's license is able to drive all vehicles which can be driven by the first-class driver's license. The first-class driver's license is revoked because the first-class driver's license includes the purpose of prohibiting the first-class driver's license from driving all vehicles which can be driven by the first-class driver's license. Thus, the first-class driver's license of a large-class driver's license is related to each other. Thus, in the case of operating a vehicle during the suspension period of driver'

Article 78 (1) 17 of the Road Traffic Act, Article 26 [Attachment 13-6] and Article 53 (1) of the Enforcement Rule of the Road Traffic Act

Supreme Court Decision 96Nu959 Decided November 8, 1996 (Gong1995Sang, 120) Supreme Court Decision 96Nu959 Decided November 8, 1996 (Gong1996Ha, 359) Supreme Court Decision 96Nu17578 Decided February 28, 1997 (Gong197Sang, 9755) Decided May 16, 1997 (Gong197Sang, 1765)

Plaintiff

The Commissioner of the Local Police Agency

Seoul High Court Decision 2004Nu7797 delivered on September 30, 2004

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

1. The court below, citing the reasoning of the judgment of the court of first instance, determined as follows: the defendant is entitled to the suspension period of driver's license on July 25, 2002; on December 24, 2002; on April 4, 2003, 15 points (total 45 points) for the violation of signal signals; on August 7, 2003, it was ordered to suspend driver's license for 45 days from August 13, 2003; on the ground that the plaintiff operated an urban bus around 15:45, Incheon 72ba118; on the ground that the driver's license of the first-class driver's license of the first-class driver's license of the first-class driver's license of the first-class driver's license of the first-class driver's license of the first-class driver's license of the second-class driver's license of the first-class driver's license of the second-class driver's license of the second-class license of the first-class driver's license of the second.

2. However, the court below's decision that the driver's license of the city bus is related only to the first-class large driver's license during the period of suspension of the plaintiff's driver's license, and since there is no relation with the first-class driver's license, the part revoking the first-class driver's license

In principle, the driver's license for large-sized vehicles can not be operated with the first-class driver's license. However, according to Article 26 [Attachment Table 13-6] of the Enforcement Rule of the Road Traffic Act, the first-class driver's license for large-sized vehicles can be operated both by the first-class driver's license for large-sized vehicles. The first-class driver's license for large-sized vehicles includes the purpose of prohibiting the first-class driver's license for large-sized vehicles from driving vehicles as a matter of course. Thus, the first-class driver's license for large-sized vehicles is related to one another. Thus, if the first-class driver's license for large-sized vehicles is operated during the suspension period of driver's license for large-sized vehicles, the first-class driver's license for large-sized vehicles can be revoked by the first-class driver's license for large-sized vehicles (see, e.g., Supreme Court Decision 97Nu231387, May 16, 1997).

Nevertheless, the judgment of the court below that the part of the revocation of the first-class driver's license during the suspension period of the plaintiff's driver's license is unlawful on the premise that the first-class driver's license is related only to the first-class driver's license and that it is not related to the first-class driver's license.

3. Therefore, the part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Shin-chul (Presiding Justice)