[운전면허취소등처분취소][공1990.2.15(866),418]
If a private taxi driver directly recognizes the details of his/her drinking driving, a summary of the hearing procedure in the revocation of the license for the transportation business (negative)
As long as a private taxi driver directly confirms the details of drinking driving based on the result of a drinking test, the competent authority did not hear the driver's opinion when revoking the private taxi transport business license for that reason and did not err in the procedure.
Article 31-3 of the Automobile Transport Business Act
[Defendant-Appellee] Plaintiff 1 et al.
Jeju Do Governor
Gwangju High Court Decision 89Gu366 delivered on July 11, 1989
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
1. According to the reasoning of the judgment below, the court below acknowledged the fact that the plaintiff directly confirmed the contents of drinking driving according to the result of a drinking test as stated in its judgment. Since the plaintiff directly confirmed the contents of the violation, the defendant did not hear the plaintiff's opinion in the revocation of the private taxi transport business license of this case and did not err in the procedure. Thus, in light of the relevant provisions of the records and the Automobile Transport Business Act, the judgment of the court below is proper, and there is no error in the misapprehension of legal principles as to the hearing procedure such as the theory of lawsuit.
2. If the facts are as determined by the court below, the court below is just in holding that the defendant's revocation of the driver's license and the private taxi transport business license on the ground of the plaintiff's violation at the original market cannot be deemed to deviate from the scope of discretion. It is not erroneous in the misapprehension of legal principles as to abuse of discretion such as the theory of lawsuit
3. Therefore, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Man-man (Presiding Justice)