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(영문) 창원지방법원 2016.09.13 2016구단10511

여객자동차운수종사자격(택시)취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff acquired the qualification to engage in driving of passenger transport business (private taxi transport business) under Article 24(1) of the Passenger Transport Service Act and operated private taxi transport business.

Around 02:00 on August 26, 2015, the Plaintiff committed an indecent act by force against the victim, such as the victim’s satisfying the victim’s satisfy within C main points located in Jinju-si B, which is operated by the victim, and satisfying the victim’s face, and avoided the victim’s face, and taking the victim out satisfy from the stairs, etc., for about four weeks of medical treatment, and caused the victim’s injury to the right satisfy, etc., and the judgment became final and conclusive on February 16, 2016 (Article 298 of the Criminal Act) and the crime of indecent act by force (Article 257(1) of the Criminal Act) and the crime of injury (Article 257(1) of the Criminal Act), respectively, by selecting imprisonment with prison labor for one year, suspended execution two years (Article 2015Da12488 of the Changwon District Court).

On March 31, 2016, the Defendant issued a disposition to revoke the Plaintiff’s qualification for engaging in passenger transport business (personal taxi transport business) under Article 87(1)3 of the Passenger Transport Service Act (hereinafter “instant disposition”) on the ground that the Plaintiff, who was under the suspension of the execution of imprisonment by force due to the crime of indecent act, falls under Article 24(4)2 of the Passenger Transport Service Act.

[Ground of recognition] Nos. 4, 5, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the suspended sentence of imprisonment was imposed on the Plaintiff is an aggravated punishment of both the crime of indecent act by force and the crime of indecent act by force, but the same sentence was not imposed solely on the crime of indecent act by force, and the Plaintiff’s own crime of indecent act by force is not limited to that of a suspended sentence of imprisonment. Therefore, the Plaintiff’s Passenger Transport Service Act