자동차운전면허취소처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 28, 2015, while operating a private taxi B (hereinafter “Plaintiff”), the Plaintiff was given a mark of 15 points for traffic accidents involving personal injury due to breach of duty of safe driving.
B. On June 21, 2015, the Plaintiff driven the Plaintiff’s vehicle on June 21, 2015, while driving the Plaintiff’s vehicle at a speed exceeding 129km/h (80km/h) and running the front of the national highway No. 7 of the Dong-dong-dong-dong-dong-si at a speed exceeding 49km/h (80km/h) at a speed exceeding 129km/h, on the front side of the Plaintiff’s vehicle, which entered the left side from the right side of the proceeding to the left side (hereinafter “victim’s vehicle”), caused the Plaintiff’s accident (hereinafter “instant accident”).
C. In the instant accident, the Plaintiff was given a total of 135 points (15 points per 90 square meters (40km/h to 60km/h) and one 15 points per 90 points per 15 points per 15 points per 15 points, and the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license (class 1 common and class 2 common) of the Plaintiff as of August 11, 2015 pursuant to Article 93(2) of the Road Traffic Act, Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, on July 13, 2015, on the ground that the total sum of 121 points per year with respect to the Plaintiff exceeds 121 points.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on September 1, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s ground for disposition ① The point where the instant accident occurred is unable to turn to the left or to the left, but the damaged vehicle is on the side to turn to the left or to turn to the left.