자동차운전면허취소처분취소
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 August 9, 198, the Plaintiff acquired a Class 2 driver’s license for a motorcycle, Class 2 driver’s license for a Class 1 on February 15, 1996, and Class 1 driver’s license for a Class 6 on October 6, 2008, respectively. On December 23, 2016, the period of temporary operation permission was over 239 on the street before the Songcheon-si, Gyeonggi-do, and the period of temporary operation permission (from December 13, 2016 to December 22, 2016) and controlled the police while driving a motor vehicle.
B. On February 2, 2017, the Defendant issued the instant disposition revoking all of the Plaintiff’s above driver’s licenses pursuant to Article 93(1)16 of the Road Traffic Act, on the ground that the Plaintiff driven a vehicle not registered in the register of automobiles.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 10 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The legality of the instant disposition
A. On December 15, 2016, the Plaintiff asserted that he received the instant car from the company. The Plaintiff did not know that the temporary operation permit period has expired, and did not intend to fulfill his duty of due care, such as requesting the company that is the owner of the said car to make a regular registration before the temporary operation permit period has expired, and the Plaintiff did not have any history of violation of other laws and regulations except for the one-time regulation as the prohibition of use of mobile phones during the 14-year driving period, and the Plaintiff was serving as a bus driver and thus making it impossible to maintain his livelihood with the instant disposition. In light of the overall circumstances, the instant disposition was excessively harsh to the Plaintiff, thereby abusing or abusing its discretionary power.
(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license to all extent according to the standards prescribed by Ordinance of the Ministry of the Interior: