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Reasons
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(영문) 창원지방법원 2016.09.13 2016구단10443
자동차운전면허취소처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 3, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 and Class 2 small vehicles) as of June 7, 2016 on the ground that the Plaintiff driven a D liquid sports vehicle under the influence of alcohol level of 0.201% on the front of the agency located in Kimhae-si B (hereinafter “instant disposition”).

On May 20, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 24, 2016.

[Ground of recognition] Evidence Nos. 1, Nos. 1, 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. As the Plaintiff’s second-class driver’s license is unable to drive a motor vehicle, it is not related to the Plaintiff’s driving of a motor vehicle and the Plaintiff’s second-class driver’s license. The Plaintiff is also in need of the second-class driver’s license in order to maintain his livelihood with employment. As such, the part of the instant disposition regarding the second-class driver’s license is unlawful.

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

C. Article 80 (2) of the Road Traffic Act provides that the Commissioner of a Local Police Agency shall classify the scope of a driver's license into the first-class driver's license (the first-class driver's license, the second-class driver's license, the second-class driver's license, the second-class driver's license (the first-class driver's license, the second-class driver's license, and the second-class driver's license), the driver's license (the first-class driver's license, the second-class driver's license), and the second-class driver's license (the second-class driver's license), and Article 93 (1) 1 of the Road Traffic Act provides that where a person who has obtained a driver's license

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