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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
The plaintiff has been engaged in private taxi driving business using a vehicle number B taxi.
The Plaintiff was indicted as a violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and was sentenced to a suspended sentence of one year for six months at the Seoul Western District Court on April 14, 2015, on the ground that: (a) while driving the said taxi on December 22, 2014, the Plaintiff changed the course from four lanes to three lanes among the five-lane roads between the north bank of Mapo-gu Seoul Mapo-gu Seoul Mapo District and the south bank; and (b) C (the age of 45) took part in the DNA learning car driving, and escaped without taking appropriate measures, while taking appropriate measures for four weeks of medical treatment; and (c) the said judgment became final and conclusive on April 22, 2015.
(hereinafter “instant accident”). On October 6, 2015, the Defendant revoked the Plaintiff’s personal taxi driver’s license for being under suspension of the execution of imprisonment with labor due to the said conviction based on relevant provisions, such as Article 87(1)3 of the Passenger Transport Service Act, following prior notice of disposition and submission of opinions.
hereinafter referred to as "disposition of this case"
(2) On October 22, 2015, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on the grounds that it was dissatisfied with the instant disposition, but the said claim was dismissed on January 11, 2016. [The Plaintiff’s assertion as to whether the instant disposition was lawful for committing an offense falling under Article 5-3(1)2 of the Act on the Aggravated Punishment, the Defendant issued the instant disposition on the ground that the Plaintiff was under suspension of execution, on the ground that the instant accident was a five-lane road on which the vehicle traffic was frequent, and the Plaintiff was unable to access the damaged vehicle as soon as possible from the passengers at the time of the instant accident.