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(영문) 인천지방법원 2017.08.22 2017구단50475
자동차운전면허취소처분취소
Text

1. On January 4, 2017, the Defendant’s revocation disposition for the Plaintiff’s license (class 1 common, class 2 common, and class 2) on driving of motor vehicles.

Reasons

1. Details of the disposition;

A. On March 11, 1996, the Plaintiff acquired a Class 2 ordinary driver’s license and a Class 1 ordinary driver’s license on November 10, 2006, respectively. On March 10, 2016, the Plaintiff received each disposition of notification as “unclaimed for human life protection equipment, such as two-wheeled automobiles,” “one-half of the duty of safe driving” on June 22, 2016, and “one-half of the seat safety belt” on July 15, 2016.

(hereinafter referred to as “each of the instant dispositions”). (b)

On January 4, 2017, the Defendant issued the instant disposition to revoke all of the Plaintiff’s driver’s licenses by applying Article 93(2) of the Road Traffic Act, on the ground that: (a) three summary points due to the Plaintiff’s failure to comply with each of the instant dispositions; (b) three summary points due to the Plaintiff’s breach of duty of safe driving on June 22, 2016; and (c) the total sum of 15 points due to the Plaintiff’s breach of duty of safety driving on June 22, 2016, falls under at least 121 points, a total sum of 135 points, which is the minimum calculated point for one year.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 10 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s failure to comply with a summary judgment upon receiving a notice of a penalty does not constitute grounds for revocation or suspension of the driver’s license as provided by Article 93(1)19 of the Road Traffic Act (the case of violating this Act, or any order or disposition issued under this Act). Therefore, the instant disposition based on a different premise is unlawful. (2) The Defendant imposed the penalty points of 15 points due to the Defendant’s breach of duty of safety driving on June 22, 2016, 40 points and 55 points in total on the ground that the Defendant failed to comply with the summary judgment upon receiving the notice of a penalty. This is against the principle of proportionality, and thus, the instant disposition is unlawful.

(b) relevant Acts and subordinate statutes;

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