화물자동차 운수사업법 위반차량 감차조치 처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (from January 05, 201 to May 08, 201) The former owners of each cargo vehicle listed in attached Table 1 (hereinafter “instant cargo vehicle”) for the instant cargo vehicle (from January 05, 201 to April 08, 201) substituted for a special-use truck (fire fighting vehicles, sprinking vehicles, etc.) from January 5, 201 to May 8, 2014, and issued an illegal increase of the instant cargo vehicle by means of attaching its registration number to a general-use truck without being permitted to supply it.
(A) No. 2, 4 pages).
1) The Plaintiff is a trucking transport business operator who operates a general cargo transport business. 2) The Plaintiff finally acquired the instant cargo vehicle from (oil)B, etc., and reported the transfer and acquisition of the instant cargo transport business to the Defendant.
C. (2) On January 17, 2017, the Defendant issued the following dispositions to the Plaintiff on February 3, 2017, following prior notice on January 17, 2017 (hereinafter “first disposition”).
(A) (Nos. 1 and 2). The former owner of the instant truck that was a special-purpose truck that is allowed to be supplied from January 5, 2011 to May 8, 2014, was illegally increased by filing a report on the scrapping of the instant truck for a general-use truck that is not allowed to supply the instant truck, and the details of the disposition are as follows: 60-day suspension of the operation of the instant truck and the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”).
) Articles 16(4) and 19(1)2 and 3(3) of the former Enforcement Decree of the Trucking Transport Act (amended by Presidential Decree No. 27782, Jan. 10, 2017; hereinafter referred to as the “former Enforcement Decree of the Trucking Transport Act”).
() Article 5(1) [Attachment 1] 2 subparag. 2 of the Plaintiff fully implemented the first disposition by April 3, 2017.
(C) there is no dispute.
(0) The Defendant issued the instant disposition on the ground of the illegal scrapping of the relevant goods on July 14, 2017, following prior notice on July 14, 2017, to the Plaintiff on August 10, 2017.