자동차운전면허취소처분취소
1. Class I and Class I ordinary car driver’s license numbers issued by the Defendant for the Plaintiff on August 25, 2011:
1. Details of the disposition;
A. On December 19, 1979, the Plaintiff: (a) stated that C, a spouse of the Plaintiff, should take a divorce lawsuit, and (b) should prevent the Plaintiff from getting off C from the said taxi on July 4, 201, in order to communicate with C on the front of the road located in Gangnam-si D around 10:10 on July 4, 201, the Plaintiff was unable to get off C by forcing C by forcing C to a private taxi owned by the Plaintiff, driving the 30 minutes on the said taxi.
B. On August 25, 2011, the Defendant (hereinafter “Defendant”) against the Plaintiff.
The Plaintiff’s driver’s license (Class 1 large, Class 1 ordinary, and B) was revoked (hereinafter “instant disposition”) on the ground that the act of confinement by using a motor vehicle was stated in the port.
C. On September 26, 2011, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on December 6, 2011.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 9, Eul evidence Nos. 1, 2, 4, 5, 6, 9 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In light of the following: (a) the Plaintiff forced a reporter C to board the conflict between the couple by conversation; (b) the Plaintiff led C’s hand in the process of carrying C on the vehicle, but there was no assault or intimidation that can be seen as the intention of confinement; and (c) the Plaintiff’s act was taken back as the house of C due to the long time, it is difficult to view that the Plaintiff’s act constitutes “illegal confinement.” (b) domestic affairs are not so.
Article 93(1)11 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter “Road Traffic Act”) provides that when a person with a driver’s license commits a criminal act prescribed by Ordinance of the Ministry of Public Administration and Security, such as murder, rape, etc. by using a motor vehicle, the person shall revoke the driver’s license and delegate the details thereof to the Minister of Public Administration and Security.