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(영문) 제주지방법원 2015.01.21 2014구합803
자동차운전면허취소처분취소
Text

1. On August 20, 2014, the Defendant’s revocation of the driver’s license for the Plaintiff on August 20, 2014, is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. On December 23, 2013, the Plaintiff acquired Class I ordinary drivers’ licenses and Class II small drivers’ licenses on March 26, 2014, respectively.

B. The Plaintiff, on January 27, 2004, has a record of driving alcohol respectively in the state of 0.165% of blood alcohol content and 0.183% of blood alcohol content on June 25, 2009.

C. On August 1, 2014, while under the influence of alcohol, the Plaintiff driven a passenger car (hereinafter “instant vehicle”) with approximately six km section around August 1, 201, and was under control on the road near the Seocho-gu Seoul Western Arts Center, Gangnam-gu, Seoul. At that time, the blood alcohol concentration was measured by 0.085%.

Accordingly, on August 20, 2014, the Defendant issued a disposition to revoke all Class 1 and Class 2 driver’s license of the Plaintiff as of September 13, 2014 (hereinafter “instant disposition”) pursuant to Article 93(1)2 of the Road Traffic Act (the case where a person who violated the latter part of Article 44(1) or (2) of the Road Traffic Act at least twice again violates Article 44(1) and (1) of the same Act.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is driving the instant vehicle with the first-class ordinary driver’s license.

The disposition of this case should be revoked because it was discovered for drinking driving, and the revocation of Class II driver's license is in violation of the relevant Acts and subordinate statutes and has been abused or abused from discretionary power.

(b) The attached Form of relevant statutes is as follows.

C. In principle, the revocation part of the revocation part of the Class II driver's license among the instant disposition is legitimate not only when a person has obtained multiple types of driver's license, but also when the revocation is made, it is separate from each other. However, the revocation part is not related to a specific license, but is related to a person who has obtained a driver's license, or is related to a person who has obtained a driver's license.

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