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(영문) 전주지방법원 2016.08.18 2015구합1905
여객운수종사자격취소등 처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff acquired the qualification as a taxi driver on March 2, 1992, and operated private taxi business using B rocketing taxi after obtaining a private taxi transport business license from the Defendant on March 23, 1993.

B. The Plaintiff was indicted for a violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) on the ground that “the Plaintiff was sentenced to a suspended sentence of 2 years of imprisonment, community service, 160 hours, and 40 hours of order to attend the lecture at the Jeonju District Court on October 8, 2014, on the ground that “the Plaintiff had been sentenced to a suspended sentence of 15 years of age who was 15 years of age who was driving, coming from the right side of the said taxi, and escaped without taking appropriate measures for seven weeks after shocking the victims of the said 15 years of age,” and the said judgment became final and conclusive as is, on January 9, 2015 (the Jeonju District Court, and the Jeonju District Court, 2014No175, Nov. 17, 2015).

C. As above, the Defendant: (a) on September 7, 2015, on the ground that the Plaintiff was sentenced to the final and conclusive judgment of six months of imprisonment and one year of suspended execution due to the Plaintiff’s violation of Article 5-3(1) of the Aggravated Punishment Act; and (b) on September 7, 2015, the Defendant issued a disposition to revoke the Plaintiff’s license for passenger transport as well as the Plaintiff’s personal taxi transport business under Article 85(1)37 and Article 87(1)3 of the Passenger Transport Service Act (amended by Presidential Decree No. 26528, Sept. 15, 2015; hereinafter “Enforcement Decree of the Passenger Transport Act”); (c) Article 43(1) of the Enforcement Decree of the Aggravated Punishment Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 231, Sept. 21, 2015; hereinafter “Enforcement Rule of the Passenger Transport Service Act”); and (d) disposition to revoke the Plaintiff’s license for passenger transport business;

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