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(영문) 서울행정법원 2017.02.15 2017구단1912

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 8, 2016, around 10:05, the Plaintiff: (a) while driving a taxi from Jongno-gu Seoul Jongno-ro 2A to Sejong-ro 3 in the direction of Sejong-ro 3; (b) caused a traffic accident involving the victim, who is the driver of Ortoba, and went away from the site of the accident without fulfilling his/her duty to take relief measures;

(hereinafter “instant illegal act”). B.

On August 8, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) pursuant to Article 93(1)6 of the Road Traffic Act on the ground of the instant illegal act (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 7, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 8, 2016.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 2, 8, 9, 11, and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is that the instant disposition is an abuse of discretion by excessively harshly treating the Plaintiff, and thus is unlawful, taking account of the following: (a) the Plaintiff’s lack of communication ability due to the Plaintiff’s disability and inconvenience in driving; (b) failure to actively cope with the traffic accident; (c) efforts to recover damage by making an agreement with the victim only; and (d) it is extremely difficult to maintain livelihood because the Plaintiff’s revocation of a driver’s license as a taxi driver is difficult

B. Whether a restrictive administrative disposition deviates from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all relevant circumstances. In this case, the sanction shall be imposed.