위반차량 운행정지 취소
1. The Defendant’s disposition against the Plaintiff on August 4, 2017 (90 days of suspending the operation of the violating vehicle) shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is the owner of a vehicle B(hereinafter “instant vehicle”) for cleaning as a company that conducts the business of transporting ordinary cargo vehicles, etc.
B. On April 21, 2017, around 16:30, the instant vehicle loaded and operated a tin with approximately 47 km section from D to the point of Busan located in the central highway located in the Yanyang-gun, Chungcheongnamyang-gun, Busan-do, Busan-do, Busan-do, at the end of 246km, and was discovered to police.
C. On August 4, 2017, upon notification of the violation by the chief of the competent police station, on the ground that the Defendant violated Article 3(3) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) with respect to the Plaintiff, the Defendant issued a disposition to stop the operation of the violating vehicle on the following 90 days (from August 16, 2017 to November 13, 2017) (hereinafter “instant disposition”).
On August 16, 2017, 90 days (from August 16, 2017 to November 13, 2017) after the suspension of operation of the violating vehicle under Article 3 (3) of the Trucking Transport Business Act (the permission, etc. for transportation business) Article 3 (1) 2 of the Enforcement Decree of the Trucking Transport Business Act (the criteria for cancellation, etc. of permission of transportation business), Article 5 (the criteria for cancellation, etc. of permission of transportation business) of the Enforcement Decree of the Trucking Transport Business Act (the date of revocation, etc. of permission of transportation business) shall be August 4, 2017.
On November 27, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the above disposition with the Gyeongbuk-do Administrative Appeals Commission. However, the said commission rejected the said claim.
E. The statutes related to the instant disposition are as shown in the attached Form.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 11(1) of the Trucking Transport Act is not a violation of Article 19(1)2 of the Trucking Transport Act, but rather a violation of Article 11(1) of the same Act.