개인택시운송사업면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On March 27, 1996, the Plaintiff acquired a Class 1 ordinary driver’s license, and began to run a private taxi transport business by taking over a license for a private taxi transport business on June 18, 2013.
B. At around 17:00 on May 31, 2015, the Plaintiff, while driving the said private taxi under the influence of alcohol content of 0.134% in the vicinity of the frequency cluster located in the north-gu, Mapo-si, Mapo-si B, the Plaintiff controlled the police while driving the said private taxi. Accordingly, on June 17, 2015, the Police Agency revoked the first-class ordinary driver’s license held by the Plaintiff as of July 18, 2015.
C. On July 3, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the revocation of the said car driver’s license. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 4, 2015.
Accordingly, the Plaintiff filed a lawsuit seeking revocation of the said driver’s license under the Daegu District Court 2015Gudan11276, but was sentenced to a judgment against January 15, 2016. On the first instance court judgment, the Plaintiff appealed to the Supreme Court 2016Nu4295, but was sentenced to dismissal on October 14, 2016, and filed an appeal to the Supreme Court 2016Du57458 as of October 14, 2016.
On December 9, 2015, the Defendant issued a disposition to revoke the Plaintiff’s private taxi transport business license (hereinafter “instant disposition”) pursuant to Article 85(1)37 of the Passenger Transport Service Act on the ground that the Plaintiff’s driver’s license was revoked.
E. Meanwhile, the Plaintiff received a special amnesty on August 15, 2015, and acquired a new Class 1 ordinary driving license on September 2, 2015, before the instant disposition was issued.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1 is sufficient to give the plaintiff an opportunity to present his opinion before rendering the disposition of this case.