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(영문) 부산지방법원 2018.07.13 2017구합23880

운행정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On September 4, 2017, the Defendant issued a prior notice of an administrative disposition following illegal expansion pursuant to Article 21 of the Administrative Procedures Act with respect to the Plaintiff, and on October 26, 2017, issued a disposition to suspend the operation of the instant special motor vehicle within 60 days on the ground that Article 3(3) and (5)1, Article 16(4), and Article 19(1)2 of the former Trucking Transport Business Act (amended by Act No. 10221, Mar. 31, 2010; the time of scrapping and scrapping) and Article 5(1) of the Enforcement Decree of the same Act were based on the relevant Act and subordinate statutes.

hereinafter referred to as "disposition of this case"

3. On August 6, 2009: D (Gu and E) : Violation of Article 3(3) of the Trucking Transport Business Act - Special motor vehicle for salvage type (responding vehicle) for which supply is permitted, which is a special motor vehicle for towing type (responding vehicle). On March 8, 2011: Final acquisition by the disposing party of the illegally increased motor vehicle * Article 16(4) of the Trucking Transport Business Act : Succession of status subject to administrative disposition.

4. Details to be disposed of - The period of suspension of operation (D) 60 days: The legal basis on November 10, 2017 to January 5, 2018 and the details of the provisions, and the attached Table 1 of the Enforcement Decree of the Trucking Transport Business Act of Article 16 (4) and Article 19 (1) 2 of the Enforcement Decree of the Trucking Transport Business Act of Article 5 (1) of the Enforcement Decree of the Trucking Transport Business Act of Article 16 (4) and Article 19 (5) 1 of the Trucking Transport Business Act of the Enforcement Decree of the Trucking Transport Business Act of Article 5 (1) of the Enforcement Decree of the Trucking Transport Business Act of the same Act [based on recognition] without any dispute, Gap evidence No. 1, No. 4, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 4 (including a number of branches), the plaintiff's assertion as to the whole purport of pleading, and the plaintiff's assertion that the special motor vehicle of this case was made a new towing number.

related.