자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 19, 2016, the Plaintiff was found to have been running by connecting showers, which was not registered with B Trrrrhoid, from the power station distance located in the south-gu, Ulsan-gu, Chungcheongnam-gu.
B. On December 14, 2016, the Defendant revoked the Plaintiff’s first-class driver’s license on the ground that the Plaintiff operated a unregistered vehicle (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, in the case of a driver of an unregistered vehicle, the driver’s license is revoked. However, this is merely merely a determination of the administrative agency’s internal rules for handling affairs, and there is no effect to externally bind the court or the general public. Thus, the instant disposition constitutes discretionary action.
In light of all the circumstances, the hedge of the Plaintiff’s driving vehicle is not a unregistered vehicle, but a comprehensive insurance policy is purchased, the unregistered monr used only inside the Ulsan Port is temporarily operated to repair shower, the majority of the shower used inside the port is an unregistered vehicle, the Plaintiff operating the vehicle as a business of operating the instant disposition, the Plaintiff’s loss of work, and the Plaintiff’s flabing and flabing of her mother and her mother, etc., the instant disposition is an unlawful act of abusing or abusing discretion.
B. According to the judgment and the proviso of Article 93(1)16 of the Road Traffic Act, the Commissioner of the Local Police Agency shall revoke the driver’s license necessary in case the person who obtained the driver’s license drives a motor vehicle not registered by the Automobile Management Act.
Article 91 (1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act provides that driver of an unregistered vehicle shall revoke his/her driver's license, but this also confirms the contents of the Act once again.