자동차운전면허취소처분취소
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 court’s explanation concerning this case is as follows, in addition to adding the judgment on the Plaintiff’s assertion under paragraph (2) below, and as such, it is identical to the ground of the judgment of the first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act
(2) The court of first instance held that the disposition of this case was not an abuse of discretion, even if the evidence submitted by the court of first instance was examined, and that the disposition of this case was not an abuse of discretion.
A. In the proviso of Article 93(1) of the Road Traffic Act, the case where the local police agency must revoke the driver's license, and Article 93(1)6 of the same Act (in the case of failure to take necessary measures or report under Article 54(1) or (2) after killing or injuring a person due to a traffic accident) provides that the driver's license may be revoked or the driver's license may be suspended for a period not exceeding one year according to the standards prescribed by Ordinance
Therefore, Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act provides that even if the above ground for subparagraph 6 does not necessarily require revocation of a driver’s license, it is unlawful since the instant disposition was conducted without considering the Plaintiff’s mistake and situation on the sole ground of the erroneous revocation criteria.
B. If a person who has obtained a driver's license falls under any of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the driver's license or suspend the validity of the driver's license for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of Public Administration
Provided, That regular aptitude tests under subparagraphs 2, 3, and 7 through 9 shall be conducted.