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(영문) 창원지방법원 2020.04.22 2019구단11164
자동차운전면허취소처분취소
Text

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 April 11, 2018, the Plaintiff was subject to the imposition of 10 points for the violation of the duty of safe driving, and on February 11, 2019, the Plaintiff was subject to the imposition of 15 points for the violation of the duty of prevention of loading and drilling, and on March 1, 2019, the Plaintiff was punished with 10 points for the reason that he/she was charged with a violation of the duty of retaliation.

B. Accordingly, on March 14, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(2) of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff’s penalty points for one year exceeds 121 points.

C. On April 8, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on April 30, 2019, there was a ruling dismissing the Plaintiff’s claim.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 11 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) on March 1, 2019, with regard to the imposition of penalty points due to the fluorcing criminal input on the part of the Plaintiff, the Plaintiff saw the damaged vehicle to enter the front of the Plaintiff’s vehicle without turning on the direction direction, etc. in the luminous joint entrance section. The Plaintiff saw that the damaged vehicle was driven on the front of the Plaintiff’s vehicle. If the victim drive it, the Plaintiff intending to put up his/her cargo in the front of the damaged vehicle to the light view that there is the risk of the accident, and thus, it does not constitute a retaliation.

(2) In light of various circumstances, such as the fact that the Plaintiff was responsible for the livelihood of the home, the fact that the Plaintiff agreed with the victim in criminal proceedings, and the circumstances at the time of the occurrence of the accident, the instant disposition is unlawful as it deviates from and abused discretionary power.

B. (1) Determination of Article 93(1) of the Road Traffic Act provides that a person falling under any of the subparagraphs may revoke or suspend a driver’s license, and paragraph (2) of this Article provides that a commissioner of a district police agency intends to revoke or suspend a driver’s license.

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