자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around 2:50 on October 10, 2013, the Plaintiff: (a) committed an indecent act on the part of the victimized women boarding the said taxi on the road on the road that was located in Gangseo-gu Seoul, Seoul; (b) on November 5, 2013, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 ordinary driver’s license pursuant to Article 93(1)11 of the Road Traffic Act (hereinafter “instant disposition”); (c) on the part of the Plaintiff’s appeal, the fact that the Plaintiff was dismissed by the Central Administrative Appeals Commission on February 11, 2014, was not disputed between the parties or is recognized by the evidence No. 1 and No. 13.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that ① the Plaintiff’s indecent act was conducted in the taxi, and that it was not a criminal act by “using a vehicle” is unlawful by providing that the instant disposition should be revoked even when a vehicle was used in a tool or place under the Enforcement Rule of the Road Traffic Act, which is a subordinate statute.
② Considering that the degree of damage is not significant and that the Plaintiff’s taxi driving service is the only means of living, the instant disposition is in violation of discretionary authority and abuse.
B. (1) According to Article 93(1)11 of the Road Traffic Act, where a person who obtained a driver’s license commits a crime prescribed by Ordinance of the Ministry of Security and Public Administration, such as murder, rape, etc. by using a motor vehicle, etc., the driver’s license shall be revoked. Article 92(1) of the Enforcement Rule provides that the same shall apply when the person commits a crime of indecent act by using a motor vehicle, etc. as a tool or place of crime, and Article 91(1) [Attachment 28] of the Enforcement Rule provides the criteria for the revocation of the driver’s license
(2) ① The purpose of the Road Traffic Act, which provides that the driver’s license of a person who committed a crime using a motor vehicle shall be revoked.