(영문) 부산지방법원 2015.06.10 2015구단20736

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(영문) 부산지방법원 2015.06.10 2015구단20736

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. Details of the disposition;

A. On February 6, 1995, the Plaintiff acquired a Class 2 motorcycle driver's license, a Class 1 ordinary driver's license on June 26, 1996, a Class 1 special driver's license on February 15, 200, and a Class 1 driver's license on February 29, 200.

B. On January 15, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s respective driver’s license as of February 13, 2015, on the ground that the Plaintiff driven a BL car (hereinafter “instant car”) with a blood alcohol concentration of 0.127% under the influence of alcohol on the front of the Hagudong-dong, Gangseo-gu, Busan, Gangseo-gu, Busan, on January 3, 2015.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on March 24, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 17, 18, Eul evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) as well as the case of obtaining multiple kinds of driver’s licenses, and the case of revocation thereof should be treated as separate from each other. Thus, it is unlawful for the Plaintiff to revoke all of the instant driver’s licenses for Class II motor vehicles, Class I driver’s licenses for ordinary motor vehicles, and Class I driver’s licenses for large motor vehicles under the influence of alcohol, on the ground that the Plaintiff driven the instant motor vehicle under the influence of alcohol. 2) Considering the possibility of error, such as the Plaintiff’s respiratory measurement between 35 minutes and 40 minutes after the final drinking, and the blood alcohol concentration is likely to have been measured at the highest level, it may be deemed that the blood alcohol concentration, which is the criteria for cancellation of driver’s license, has been significantly exceeded 0.1%. The Plaintiff is performing transportation duties by concluding a cargo transport contract with a passenger transport business operator, and thus, the Plaintiff’s driver’s license is essential for his family’s livelihood.

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