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(영문) 창원지방법원 2014.10.15 2014구단695
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 May 25, 2014, at around 01:05, the Plaintiff driven B vehicles while under the influence of alcohol with 0.118% alcohol concentration.

B. Accordingly, on June 19, 2014, the Defendant rendered a disposition to revoke the Plaintiff’s license for driving Class 1 large, Class 1 ordinary, and Class 1 special (bitr) (hereinafter “instant disposition”).

C. The Plaintiff underwent the pre-trial procedure.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 1 through 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was true that the Plaintiff driven a small-sized cargo vehicle on the eth-sports Do at the time of drunk driving, and the Defendant is sufficient to revoke only the first-class ordinary driver’s license, and the first-class large-sized and the first-class special (bitr) driver’s license cannot be revoked. Thus, the instant disposition that the Plaintiff revoked all drivers’ licenses is unlawful. The instant disposition is unlawful. 2) The Plaintiff’s driver’s license is essential for his family’s livelihood, as it is engaged in the Plaintiff’s business of leasing during construction and transporting materials, etc., and it was caused to a drunk driving without being able to perform duties due to the transportation scheduled on the new wall following the following day, and the Plaintiff did not have the record of drunk driving. Considering the various circumstances, the instant disposition by the Defendant is unlawful

B. 1) In principle, not only the case where a person who has obtained multiple kinds of driver's licenses, but also the case where the revocation or suspension thereof is different from each other. However, where the grounds for revocation or suspension are common to other licenses or are related to a person who has obtained a driver's license, the entire driver's license may be revoked or suspended.

(See Supreme Court Decision 96Nu4992 delivered on June 28, 1996). B.

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