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(영문) 인천지방법원 2014.09.16 2012구단949

자동차운전면허취소처분취소

Text

1. On May 1, 2012, the first class, second class, second class, and second class, second class, and second class, of the driver’s license granted to the Plaintiff on May 1, 2012.

Reasons

1. Details of the disposition;

A. On October 2, 2010, around 01:46, the Plaintiff was suspected of interfering with traffic by using the so-called “dracks”, which 300 to 400 meters high speed of 300 to 400 meters away from the road at the port of North Korea, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, where Non-Party D used the ebbbbbbb motor vehicle owned by Non-Party D with the ebbbbbbr.

B. The Defendant revoked the Plaintiff’s driver’s license (class I, class II, class II, class II, and class II motor vehicles) pursuant to Article 93(1)11 of the former Road Traffic Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply) and Article 91(1) [Attachment Table 28] of the former Enforcement Rule of the Road Traffic Act (amended by the National Police Agency and its affiliated agencies pursuant to subparagraph 2 of the Enforcement Rule of the Office Regulation of the National Police Agency and its affiliated agencies, March 23, 2013; hereinafter the same shall apply) on the ground that the Plaintiff interfered with general traffic by interfering with the general traffic of the Rags as above.

(hereinafter referred to as “instant disposition”). C.

On the other hand, on April 26, 2012, the Plaintiff received a summary order of KRW 1,500,000 from the Seoul Central District Court for the crime of traffic obstruction, etc., and the said summary order became final and conclusive around that time.

Although the Plaintiff filed an administrative appeal against the instant disposition, it was dismissed on July 24, 2012.

[Ground of recognition] Class A 1, 3, 4, Eul evidence Nos. 1, 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

가. 원고의 주장 (1) 원고는 인적이 드믄 시간대에 통행하는 차량이나 사람이 없는 틈을 이용하여 짧은 거리를 자동차 경주 하였을 뿐이므로 교통방해죄가 성립하지 않는다.

(2) The benefit and protection of law is the crime of murder, rape, etc. during the cause of revocation of a driver’s license, and interference with traffic belonging to or among many people.