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(영문) 춘천지방법원 강릉지원 2021.01.28 2020구합30352

개인택시운송사업면허취소 및 택시운수종사자자격취소처분 취소

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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 30, 1985, the Plaintiff acquired Class 1 ordinary drivers' licenses and Class 1 drivers' licenses on December 26, 1994, respectively, and thereafter was engaged in private taxi transport business after obtaining a license for private taxi transport business.

B. On October 5, 2019, the Plaintiff was under the influence of alcohol from around 13:55 on the roads near Yangyang-gun, Yangyangyang-gun, to around 3.4 km, to the roads in front of the same military, and was under the influence of alcohol of about 0.252% during blood (hereinafter “driving of this case”). The Plaintiff was under the influence of alcohol from around 3.4 km, and the Plaintiff was under the influence of alcohol and was under the influence of alcohol of about 0.252%.

(c)

On November 15, 2019, the Plaintiff was subject to the revocation of the driver’s license by the Commissioner General of the Gangwon-do Local Police Agency due to the foregoing drinking driving.

On March 10, 2020, the Defendant revoked the Plaintiff’s driver’s license, and issued a disposition revoking the Plaintiff’s license for personal taxi transport business and qualification for taxi transport employees (hereinafter “instant disposition”).

(d)

On the other hand, on February 11, 2020, the plaintiff filed an administrative adjudication with the Gangwon-do Central Administrative Appeals Commission seeking revocation of the above driver's license. On April 14, 2020, the said adjudication commission rendered a ruling dismissing the plaintiff's above claim.

E. In addition, on November 18, 2020, the Plaintiff was sentenced to a fine of KRW 8 million from the first branch court in the Chuncheon District Court (No. 496 of the High Court Order 2019) (No. 496 of the case) of a violation of the Road Traffic Act due to driving of the instant drinking.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 10, 11, 15, Eul evidence No. 2, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff was engaged in private taxi transport business and maintained his family’s livelihood. The Plaintiff’s personal taxi transport business license was revoked and the Plaintiff’s family’s livelihood was threatened.

Furthermore, the Plaintiff was registered as an exemplary driver and was engaged in driving service in good faith, and the Plaintiff.