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. The Plaintiff is a private taxi driver.
B. On July 3, 2017, the Plaintiff: (a) driven a motor vehicle, etc. under the influence of alcohol of 0.067% on the roads near the water zone in the Dongjak-gu Seoul Metropolitan Government, and was given the penalty points of 100; (b) on May 2, 2018, the penalty points of 15 points as a violation of signal or instruction; and (c) on June 20, 2018, the penalty points of 15 points are imposed as a violation of signal or instruction.
C. On July 14, 2018, the Defendant rendered a notice of revocation of the first and second class driver’s license for the Plaintiff on July 14, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff’s total sum total sum totaled KRW 130 per year exceeds KRW 121 per year of the base date for revocation of driver’s license.
The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 10, 2018.
[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, and 4-1 through 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances, such as the Plaintiff’s circumstances under which the license of the taxi transport business was revoked as a personal taxi driver and lost means of livelihood as the instant disposition, and the motive, circumstance, etc. of the instant disposition, and the instant disposition is deemed to have abused discretion by excessively harshly treating the instant disposition.
B. Article 93(1) of the Road Traffic Act provides that a person who falls under any of the subparagraphs may revoke or suspend a driver's license, and Article 93(2) of the same Act provides that when the commissioner of a district police agency intends to revoke or suspend the validity of a driver's license, he/she may impose penalty points on a person who violates traffic regulations or causes a traffic accident according to the degree of the violation and damage, etc.