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(영문) 대구지방법원 2015.09.18 2015구단689
자동차운전면허취소처분취소
Text

1. On March 20, 2015, the Defendant’s revocation of the driver’s license for the Plaintiff on March 20, 2015 is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. On September 23, 1993, the Plaintiff acquired Class I driver's license, Class I driver's license on August 4, 1990, Class I driver's license on January 14, 1991, Class I driver's license on July 2, 1994, and Class II driver's license on July 8, 1994.

B. On February 26, 2015, the Plaintiff driven approximately 40 km from Namyang-dong, Namyang-dong, Seoul Metropolitan City, to the marina area located in YW car (hereinafter “instant vehicle”) by connecting BMW car (hereinafter “instant vehicle”) owned by the Plaintiff with the total weight exceeding 750 km, which was not registered around February 26, 2015.

(hereinafter “instant violation”). C.

On March 20, 2015, the Defendant issued a disposition to revoke all driver licenses for Class I large vehicles, Class I ordinary vehicles, Class I and Class II small vehicles (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of all the circumstances, the Plaintiff’s act of towing the scrap without registration by using the vehicle constitutes a violation of this case upon the request of the branch in the absence of knowledge that it was the cause of revocation of the driver’s license, and the cancellation of the pertinent driver’s license is no longer possible for the Plaintiff to engage in his/her occupation, and there is no injury to the Defendant’s occupation and living, and there is a great deal of assistance to the ordinary community, and there was no special traffic offense prior to the instant violation, etc., the instant disposition constitutes abuse of discretionary power by excessively harsh to the Plaintiff.

(b)as shown in the attached text of the relevant statute;

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