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(영문) 춘천지방법원 2019.11.05 2019구합51381

자동차운전면허취소처분취소

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1. On April 11, 2019, the Defendant’s driver’s license for Class I ordinary and Class II motor vehicles for the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 14, 2019, the Plaintiff, while driving the Central Expressway in the direction of Busan in the direction of Busan, was in violation of the overtaking method and changed the lane in the zone where career change is prohibited.

(hereinafter “instant driving act”). B.

Around March 2019, the Defendant imposed 140 points to the Plaintiff on the ground that the Plaintiff constitutes “the time when the Plaintiff was prosecuted due to bad driving.”

C. On March 30, 2019, the Defendant notified the Plaintiff of the revocation of the driver’s license with the purport that “the content of the administrative disposition: the revocation of the driver’s license between one year and one year; the ground for the administrative disposition: the excess of the given points due to d

In addition, on the same day, the Plaintiff prepared a written statement stating that “The license is revoked due to excess of the penalty points due to climatic driving, and confirmed that the execution of the cancellation disposition was commenced for one year from May 9, 2019, which is the next day after the expiration of the period of validity of the temporary driving certificate.”

On April 11, 2019, the Defendant issued a disposition revoking the driver’s license for Class I ordinary and Class II motor vehicles by presenting the following reasons for the disposition to the Plaintiff:

(hereinafter “instant disposition”). The date of cancellation: May 9, 2019 (Disqualified period from May 9, 2019 to May 6, 2020): Article 93(2) of the Road Traffic Act; excess of penalty points;

E. On April 29, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on May 21, 2019.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 through 6, 10, and 11, and the purport of the whole pleadings

2. The plaintiff's assertion

A. In the instant disposition, the Defendant merely presented the reason for the disposition to the Plaintiff as “excess of penalty points due to bad driving”, and whether the Plaintiff violated traffic regulations accurately, and how the Plaintiff constitutes “excess of penalty points.”