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(영문) 인천지방법원 2019.07.23 2019구단50363

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 19, 2018, the Plaintiff shall make a left-hand turn to the left at the right-hand turn at the right-hand side of Gyeyang-gu Incheon, Gyeyang-gu.

On the opposite side, 15 points were given to death (90 points) and 15 points were given to death (15 points) and 15 points were given to death (10 points) and 15 points were given to death (15 points) while being treated as a serious injury, as it was not dead within 72 hours from the time of the accident, and as it was not dead within 72 hours from the time of the accident, 15 points were given to serious (3 weeks or more) rather than 90 points.

A total of 125 points are imposed with regard to the violation of the duty of safe driving (10 points) and 125 points.

B. Accordingly, on December 21, 2018, the Defendant rendered a disposition to revoke the driver’s license (class 1 common) by applying Article 93(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) to the Plaintiff on the ground that “the sum total of the punishment points for one year exceeds 121 points.”

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, and the Central Administrative Appeals Commission dismissed the said claim on January 22, 2019.

Meanwhile, Article 91(1) [Attachment 28] of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 123, Jun. 14, 2019; hereinafter the same) shall be subject to the criteria for the revocation and suspension of driver's license as stated in the attached Form

B. (1) As to the imposition of penalty points for personal traffic accidents, when the driver causes a traffic accident while driving a motor vehicle, etc., the penalty points for personal traffic accidents shall be applied only to a driver who has committed an offense which is serious to the cause of the accident in the case of a traffic accident, such as a motor vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 8, Eul evidence Nos. 1 through 3, 6 through 11, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the driver of the Oral Traba is forced to violate the speed limit.