과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company running regular taxi transport business with a license for passenger transport business in Yangcheon-gu Seoul Metropolitan Government at 69, employing 180 regular workers.
B. On January 25, 2018, the Defendant imposed penalty surcharges on the Plaintiff pursuant to Article 21(11) of the former Passenger Transport Service Act (amended by Act No. 14949, Oct. 24, 2017; hereinafter the same shall apply), Article 46 [Attachment Table 5] of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 28260, Apr. 10, 2018; hereinafter the same shall apply), and Article 46 [Attachment Table 5] of the former Enforcement Decree of the Passenger Transport Service Act (amended by Presidential Decree No. 28260, Apr. 10, 2018; hereinafter the same shall apply) on the ground that “A transportation employee who belongs to the Plaintiff stopped B taxi within 10 meters from the bus stops located at the bus stops located in the exit area No. 6 in the exit area No. 3048, Feb. 12, 2018).
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s transport employee’s summary of the Plaintiff’s assertion entered the bus exclusive lane inevitably due to the Plaintiff’s demand by passengers, and the passengers were on board the instant taxi in a timely manner between 2 and 3 seconds after his own up to her street.
There was no way for the driver to stop the unilateral boarding of the passengers, and there was no problem with the entry of the bus, the passage of the bus, the getting off of the bus passengers, etc.
The instant disposition, which did not consider the circumstances and other factors of the violation, is an error of law that deviates from and abused discretion.
(b) as shown in the attached Form of the relevant statutes.
C. On November 28, 2017, A, while driving the instant taxi on November 28, 201, at around 15:01, A received the car call, which is the “2-dong from departure and departure of the area of departure, 2-dong at the time of Sinsan-gu, Sinsan-gu, Sinsan-si.”
(e).