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(영문) 부산지방법원 2020.11.25 2020구단1845

벌점부과처분 취소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On October 29, 2019, at around 13:27, the Plaintiff: (a) operated the 1217 shift intersections at the center of Busan Metropolitan City’s annual system, two-lanes; (b) there was an accident in which the left part of the car left at the right intersection from the intersection to the intersection by four-lanes on the right side of the bus and the right side side part of the bus (hereinafter “instant accident”).

B. On November 24, 2019, the Defendant imposed 15 points with respect to the instant accident on the Plaintiff on the ground that it violated the method of career change.

On April 2, 2020, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission seeking revocation of the imposition of penalty points, but the above claim was dismissed on June 16, 2020.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

The allocation of the marks on the administrative disposition ledger for driver's license refers to the points that the agency controlling the violation of road traffic laws refers to the degree of violation, degree of damage, etc. under the conditions as prescribed by the attached Table of the Enforcement Rules of the Road Traffic Act. The purpose is to provide as basic data for the revocation of driver's license and disposition of suspension, and the allocation itself does not meet the requirements that have the effect of legal regulations such as restricting the specific rights or ordering the obligations to the people, so it cannot be deemed an administrative disposition

(Supreme Court Decision 94Nu2190 delivered on August 12, 1994). The plaintiff filed a lawsuit in this case claiming the cancellation of the imposition of the above penalty points by asserting that it is improper to impose the mark 15 points to the plaintiff although the plaintiff did not violate the method of career change at the time of the occurrence of the accident in this case. The above mark 10 points cannot be deemed as an administrative disposition subject to the cancellation lawsuit. Thus, the lawsuit in this case is concerned