Whether the revocation or suspension of Class I driver's license or ordinary driver's license for a two-wheeled automobile can be made only on the grounds of driving a two-wheeled automobile (negative)

In principle, it is reasonable to regard that one person can not only obtain a Class I driver's license, but also revoke or suspend the two kinds of driver's license, and in the case of a person who has obtained a Class I driver's license or a Class II driver's license, the grounds for revocation or suspension shall not be related to a specific license, but also be common to other licenses, or in the case of a person who has obtained a Class II driver's license, the whole driver's license may be revoked or suspended. However, it is impossible to drive a two-wheeled vehicle even with a Class I driver's license or a Class I driver's license that only a person who holds a Class II driver's license can drive. Therefore, the driving of a two-wheeled vehicle is not related to a Class I driver's license or a driver's license

Articles 78 and 41 of the Road Traffic Act

Attorney Yang Young-young, Counsel for the plaintiff-appellant

Jeju Do Governor (Attorney Jeon Young-gu, Counsel for defendant-appellant)

Gwangju High Court Decision 90Gu2207 delivered on July 19, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below

A. The plaintiff is a passenger bus driver belonging to the non-party extreme Passenger Transport Corporation. The plaintiff completed his business on November 12, 1990 and completed his business on the same day, and caused a traffic accident in which the non-party's (vehicle registration number omitted) was received from the non-party's driver while driving a 250cc Otoba and returning home in the state of drinking alcohol concentration of 0.15% after he was divided into two persons and two diseases in the same line, and then the defendant was issued a disposition to revoke the driver's license (one-class substitute type) for the plaintiff.

B. The Road Traffic Act, the Enforcement Decree, and the Enforcement Rule of the Road Traffic Act divide the driver's license into various types, and provide different types of driver's license, qualifications to obtain a driver's license, aptitude to obtain a license, skills test, etc., and make it possible for one person to obtain a number of kinds of licenses. In light of this, it is reasonable to treat the driver's license as separate from the acquisition and revocation.

C. The Defendant’s revocation of the first-class driver’s license that allows the Plaintiff to drive a motor vehicle other than the second-wheeled motor vehicle on the ground that the Plaintiff driven a motor vehicle under the influence of alcohol was unlawful.

2. The Road Traffic Act, its Enforcement Decree, and its Enforcement Rule classify the driver's license into the Class I driver's license and the Class II driver's license, and the Class II driver's license is divided into the Class I driver's license, the Class I driver's license, the Class II driver's license, the Class II driver's license into the ordinary driver's license, the small driver's license, the special license, and the driver's license, and the type of vehicle which can be driven according to the type of each license, the requirements for acquiring a license or the test (Article 68(2) through (4), Article 70 subparagraph 6 and Article 71 of the Act, Article 45 and Article 46 of the Enforcement Decree of the Act, Article 26 of the Enforcement Decree of the Enforcement Decree of the Act, Article 14 and Article 41 of the Enforcement Decree of the Enforcement Decree of the Act, Article 72 subparagraph 6 of the Act, Article 50 of the Enforcement Decree of the Act, and Article 78 of the Act).

3. A driver's license is characterized by its nature, and such multiple kinds of driver's license is defined separately from each other, so that a person who has obtained a first-class large driver's license is allowed to drive a passenger car, bus, truck, motorcycle, etc. (Article 26 and attached Table 14 of the Enforcement Rule). According to the evidence No. 2 (License), the Plaintiff is issued a first-class driver's license with a first-class, first-class, and second-class, second-class and second-class driver's license.

4. Therefore, in principle, one person's revocation or suspension of a number of driver's licenses as well as the acquisition of a number of driver's licenses should be treated separately. However, it is reasonable to view that the grounds for revocation or suspension are not about a specific license, but about a person who has obtained a certain license, and that the whole driver's licenses may be revoked or suspended.

5. However, as a two-wheeled automobile driving by the plaintiff, only a person holding a Class 2 driver's license for a Class 1 driver's license for a Class 1 driver's license or ordinary license for a Class 1 driver's license for a Class 4 driver's license for a Class 2 driver's license for a Class 2 driver's license for a Class 1 driver's license for a Class 2 driver's license for a Class 1 driver's license for a Class 2 driver's license for a Class 2 driver's license for a Class 1 driver's license for a Class 2 driver's license for a Class 1 driver's license for a Class 2 driver's license for a two-wheeled automobile

If only one kind of driver's license can be revoked or suspended on the ground of drinking driving, the person holding the first class large driver's license can drive a vehicle according to the first class of license even without obtaining the first class driver's license, small driver's license, and driver's license. In preparation for driving under the influence of alcohol, the first class of license can drive a vehicle according to the first class of license. If the first class of license is revoked or suspended, the first class of license could operate the same type of vehicle with another license. However, the first class of license can only be revoked or suspended on the ground of driving under the influence of alcohol. However, the purport of the judgment of the court below is not that the second class license can only be revoked or suspended on the ground of driving under the influence of alcohol, but that the second class driver's license of the plaintiff is irrelevant to the first class driver's license seeking the cancellation of the driver's license. Thus, the second class of license is about driving under the influence of alcohol with two or more kinds of licenses, and it is not reasonable to discuss the second class of license.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Choi Young-young (Presiding Justice)