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(영문) 인천지방법원 2015.02.10 2014구단1960
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 October 17, 2014, at around 23:30, the Plaintiff driven B rocketing vehicles with a blood alcohol content of 0.186%, and on November 6, 2014, the Defendant revoked the Plaintiff’s automobile [Class I driver’s license, Class I ordinary, and Class I special (bitr)] pursuant to Article 93(1)1 of the Road Traffic Act.

(hereinafter “instant disposition”). (b)

The plaintiff appealed against this and filed an administrative appeal, but was dismissed on December 9, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1

2. Whether the disposition is lawful;

A. (1) The Plaintiff’s assertion (1) revocation of the Plaintiff’s Class 1 special license is unlawful even if it is not related to the driving of a car under influence of alcohol.

(2) The Plaintiff’s revocation of a Class 1 ordinary and class 1 large license is an abuse of the Plaintiff’s disadvantage rather than the public interest to be achieved by the Plaintiff’s revocation of the first class ordinary and class 1 large license, in light of the following: (a) the Plaintiff’s phone call from a middle school student’s father to return promptly to home; (b) the Plaintiff was discovered by the driver of the vehicle affected by the contact accident; (c) the Plaintiff was exposed to the police by the report of the driver of the vehicle affected by the contact accident; (d) the Plaintiff paid the damages to the police; and (e) there was a family member to provide support; and

B. (1) Determination is based on the principle that one person’s license is separately treated in cases where it is revoked or suspended as well as multiple kinds of driver’s license, and in cases where the grounds for revocation are neither a specific license nor a specific license nor a person who has obtained a driver’s license is related to a person who has obtained a driver’s license

(see, e.g., Supreme Court Decision 2012Du1891, May 24, 2012). Regarding the instant case, a vehicle can be operated with a Class 2 driver’s license for ordinary vehicles, in accordance with Article 80(2) of the Road Traffic Act, Article 53 of the Enforcement Rule of the Road Traffic Act, and attached Table 18 of the Road Traffic Act.

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