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(영문) 부산지방법원 2015.08.26 2015구단1025
자동차운전면허취소처분취소
Text

1. On February 26, 2015, the Defendant’s revocation of the driver’s license for the Plaintiff on February 26, 2015 is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. On April 2, 1991, the Plaintiff acquired Class II ordinary drivers’ licenses, Class I ordinary drivers’ licenses on June 5, 2001, and Class II small drivers’ licenses on November 7, 2006.

B. On February 26, 2015, the Defendant issued a disposition to revoke all of the Plaintiff’s Class I, II, and II driver’s licenses on March 26, 2015 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a D-free car volume (hereinafter “instant vehicle”) under the influence of alcohol content of 0.171% in front of a restaurant located in Seo-gu Busan, Seo-gu, Busan (hereinafter “instant vehicle”), pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a d-free car volume under the influence of alcohol content of 0.1%.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 evidence, Eul evidence 1 to 4 (including each number in the case of additional evidence), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The illegality of the revocation of a Class 2 driver’s license for the instant vehicle cannot be driven with a Class 2 small driver’s license, and its revocation is unlawful. 2) The Plaintiff’s abuse of discretionary power is currently engaged in the small wholesale business and thus the Plaintiff’s family’s livelihood is essential. In light of the fact that the instant disposition is maintained, there is no traffic accident that occurred after the Plaintiff’s acquisition of the driver’s license, and the instant driving distance is only 200 meters, and it is in depth against the Plaintiff, the instant disposition is erroneous in the misapprehension of discretionary authority by excessively harshing the Plaintiff.

(b) as shown in the attached Form of the relevant statutes;

C. Determination of the illegality of revocation of a Class 2 driver's license is not only a case where a person has obtained multiple types of driver's license, but also a case where the license is revoked.

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