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(영문) 서울행정법원 2016.08.26 2016구합3031

택시운전자격취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 30, 2015, the Plaintiff was sentenced to a two-year suspended sentence in August 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “instant crime”) (Seoul Eastern District Court Decision 2015Da176) and the said judgment became final and conclusive on November 7, 2015.

The plaintiff reported by the victim B and was arrested and investigated as a flagrant offender due to violence and interference with business of the victim. Furthermore, the victim was present at the Seoul Gangseo Police Station and stated about the facts of damage and was placed in the status of punishment.

On June 14, 2015, at around 22:20 on June 14, 2015, the Plaintiff: (a) placed the victim’s chest around the fourth floor general room located in Gangdong-gu Seoul Metropolitan Government D Public Notice Hostel on the following occasions: (b) placed the victim’s chest on the victim’s hand at one time before: (c) “I am away from the driver to the end; (d) I am to the police station; and (d) “I am to the police station due to width.”

As a result, the plaintiff abused the victim for the purpose of retaliation against the victim's provision of a criminal investigation report and statement in relation to the investigation of his criminal case.

B. On May 2, 2016, the Defendant notified the Plaintiff of the revocation of the taxi driver’s license on the ground that the instant crime constitutes a violation of Article 24 of the Passenger Transport Service Act.

(hereinafter referred to as "the disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 4, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has supported the open source and maintained his livelihood since 2002 with only one son as a taxi driver.

However, since it is difficult to live in the taxi for two years due to the cancellation of the taxi driver's license, the disposition of this case is too illegal.