차량운행정지처분(60일) 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance is as follows: Article 14939 of the Act (as of the time of the closing of argument in the court of first instance, applicable to the current truck law) of the "Act No. 14939" (as of the time of the closing of argument in the court of first instance) shall be respectively dismissed as the "Act No. 15743" as of the date of closing of argument in the court of first instance; Article 11 of the Act shall be deemed as the "the principle of trust responsibility" as the "the principle of trust protection"; and Article 420 of the Civil Procedure Act shall be deemed as the ground of the judgment of the court of first instance except for adding "the addition of "2. additional determination" as to the part emphasized or claimed by the plaintiff in this court. Thus, this shall be cited by Article 8
2. Additional determination
A. (1) As to the Plaintiff’s assertion of violation of the principle of statutory reservation, Article 3 of the former Trucking Transport Act (amended by Act No. 11064, Sept. 16, 201; 201; hereinafter the same shall apply) provides that “The application of penal and administrative fines to acts before the enforcement of this Act shall be governed by the previous provisions,” and Article 5 of the former Enforcement Decree of the Trucking Transport Act (amended by Presidential Decree No. 2372, Dec. 13, 201; hereinafter the same shall apply as of December 16, 2011) provides that “Where the criteria for administrative dispositions against violations before the enforcement of this Decree are applied to the instant disposition under the Trucking Transport Act, the previous provisions shall apply, notwithstanding the provisions of the amended provisions of the attached Tables 1, 3, and 4, the amended provisions of the former Trucking Transport Act shall not apply to each of the instant trucking vehicles before December 15, 2011.”
Nevertheless, the instant disposition to which the Truck Act was applied at the time of the instant disposition is unlawful.
B. Even if the Trucking Law is applied at the time of the disposition of this case, the scrapping of this case is merely an erroneous report and unfair method.