In case where one person holds a large number of driver's licenses, whether the first-class driver's license can be revoked when the first-class driver's license is revoked (affirmative)

In principle, a large-sized vehicle can not be operated with a first-class driver's license. However, according to Article 26 [Attachment Table 14] of the Enforcement Rule of the Road Traffic Act, a first-class driver's license holder is able to drive all vehicles that can be driven by a first-class driver's license holder, and the first-class driver's license is revoked because the first-class driver's license includes the purpose of prohibiting a first-class driver's license from driving all vehicles that can be driven by a first-class driver's license, so the first-class driver's license is related to one another. Thus, if a first-class driver's license holder consumes a vehicle which can be driven with a first-class driver's license or refuses a demand for a measurement of alcohol for it, it can be revoked even for the first-class driver's license.

Article 78 (1) of the Road Traffic Act, Article 26 of the Enforcement Rule of the Road Traffic Act

Supreme Court en banc Decision 95Nu8850 Decided November 16, 1995 (Gong1995Ha, 120), Supreme Court Decision 96Nu4992 Decided June 28, 1996 (Gong1996Ha, 2401), Supreme Court Decision 96Nu959 Decided November 8, 1996 (Gong196Ha, 3599)

Plaintiff

Police Agency of Gyeongnam-do

Busan High Court Decision 95Gu8171 delivered on October 18, 1996

The part of the judgment below against the defendant is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal by the defendant litigant are examined.

1. Summary of the judgment below

According to the reasoning of the judgment below, the court below held that the plaintiff's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's.

2. In principle, one person is not only to obtain a Class I driver's license, but also to revoke or suspend the license. The large-sized vehicles which can only be driven by the person with the Class I driver's license are not able to drive with a Class I driver's license. However, according to Article 26 [Attachment 14] of the Enforcement Rule of the Road Traffic Act, a Class I driver's license is not only a personal license, but also a Class I driver's license is able to drive all vehicles able to be driven by a Class I driver's license. The cancellation of the Class I driver's license includes the purpose of prohibiting a Class I driver's license from driving all vehicles able to be driven by a Class I driver's license. Thus, the driver's license of these vehicles is related to one another. Thus, in case where a person with the Class I driver's license drives a vehicle able to drive with a Class I driver's license or refuses a request for a measurement of alcohol for such sanction, it shall be deemed that the Class I driver's license can be revoked until the Class I driver's license related to this (see Supreme Court Decision 96Nu.

Nevertheless, the court below's decision that the plaintiff's Class 1 driver's license cannot be revoked is erroneous in the misapprehension of legal principles as to the cancellation of driver's license, which affected the conclusion of the judgment. Therefore, the ground for appeal pointing this out is justified.

3. Therefore, the part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-tae (Presiding Justice)