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(영문) 의정부지방법원 2019.09.05 2019구합11359
자동차운전면허취소처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Case history

A. On April 5, 2018, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.147%, and accordingly, the Plaintiff was unable to obtain a driver’s license until May 22, 2019 upon revocation of the driver’s license on May 23, 2018.

B. On December 14, 2018, the Plaintiff, while driving on December 14, 2018, was exposed to an accident without a driver’s license (hereinafter “instantless driver’s license”). As a result, the Plaintiff’s disqualified period for acquiring a driver’s license under Articles 82(2)1 and 43 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same) was until December 13, 2019.

[Ground of recognition] The fact that there has been no dispute, Eul's entry in the evidence No. 1 to 16, the purport of whole pleading

2. Determination

A. The Plaintiff asserts that, in light of the circumstances following the Plaintiff’s act of driving without a license and the circumstances surrounding the Plaintiff’s environment, etc., the Plaintiff’s act of extending the disqualified period from May 22, 2019 to December 13, 2019 is harsh, and thus, the disposition extending the disqualified period should be revoked.

B. The Plaintiff’s assertion is premised on the premise that the extension of the Plaintiff’s disqualified period is due to any disposition by the Defendant.

However, Articles 82(2)1 and 43 of the former Road Traffic Act provide that a driver may not obtain a driver's license unless one year has elapsed since the date of the violation in the case of driving without a driver's license. Thus, the fact that the Plaintiff, who could have acquired a driver's license after May 22, 2019, was unable to obtain a driver's license until December 13, 2019 by driving without a driver's license of this case is directly effective under the said provision of the Act and does not take effect due to any disposition of the Defendant.

On the other hand, even if the defendant registered the plaintiff's disqualified period on the transportation computer network, such registration is only an act for the convenience of the execution of the driver's license's license, and the registration becomes void.

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