개인택시운송사업면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 8, 2001, the Plaintiff obtained a private taxi transport business license and operated a private taxi transport business. On December 8, 201, the Plaintiff was subject to the revocation of the license for driving by the Commissioner of the Korea Police Agency on February 6, 201, while driving in the state of drinking alcohol content of at least 0.1%.
B. On the other hand, the Plaintiff filed a lawsuit to revoke the revocation of the driver's license, but both the first instance court (the Changwon District Court Decision 201Guwon District Court Decision 250, Feb. 21, 2012) and the second instance court (the Busan High Court Decision 2012Nu471, Oct. 18, 2012) ruled against all. On the other hand, the Plaintiff again acquired the driver's license on March 14, 2012. On the ground that the Plaintiff's driver's license was revoked on June 8, 2012 while the appellate court in the above administrative litigation was pending, the Defendant rendered the “instant disposition” to revoke the Plaintiff's driver's license under Article 85(1) of the Passenger Transport Service Act, Article 43(1)1 [Attachment 3] of the Enforcement Decree of the same Act.
【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap 2, 3 (including paper numbers), Eul 1 through 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that: (a) the Plaintiff did not reduce the conditions of mitigation under the Enforcement Decree of the Passenger Transport Service Act; (b) Article 85 subparag. 37 of the Passenger Transport Service Act, which is the basis of the disposition, stipulates that the revocation of a license for passenger transport service shall be the grounds for revocation of the license for passenger transport service; and (c) the revocation of the license for passenger transport service even though the form of violation, which is the grounds for revocation of the license for passenger transport service, is diverse; and (d) the pertinent drinking driving of the instant case, which, in turn, sold a house built by the Plaintiff for the purpose of discharging the guaranteed obligation of another person, led the Plaintiff