자동차운전면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The issues of the instant case and the judgment of the court of first instance
A. On January 13, 2015, the key issue of the instant case, the Defendant revoked the Plaintiff’s driver’s license on the ground that the Plaintiff’s driver’s license on the ground that the Plaintiff’s license was revoked on the following grounds: “Around November 23:30, 2014, while the Plaintiff was operating a cab before the Busan Shipping Daegu Dokdong, by forceing the said victim to commit an indecent act by using a vehicle under Article 93(1)11 of the Road Traffic Act.”
(hereinafter “instant disposition”). The key issue of the instant case is whether there was an error of law that deviates from or abused the discretion of the instant disposition.
B. The court of first instance held that the act of the Plaintiff, a taxi driver, who is responsible for safely transporting passengers to a destination, committed by indecent acts by burning a young female victim, who is a taxi driver, is highly likely to be subject to criticism by the State and society while operating the taxi during the night hours, in light of the structural characteristics of a motor vehicle and its function as a means of transport, etc., the harm and injury caused by the act of using a specific crime is significant. Thus, the public interest needs to prevent the act of using a motor vehicle, and the means of effective sanctions are needed for preventing such crime, and the victim’s sexual humiliation due to the Plaintiff’s act of indecent acts by compulsion cannot be deemed to constitute a case where the public interest to achieve the disposition of this case cannot be deemed to be less vulnerable than the disadvantage suffered by the Plaintiff, even if considering various circumstances of the Plaintiff, and thus, the disposition of this case cannot be deemed to constitute an abuse of discretionary authority.
2. The judgment of this court and the plaintiff citing the judgment of the court of first instance are revoked by the disposition of this case in the court of first instance.