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(영문) 수원지방법원 2018.06.21 2018구합60947
차량운행정지처분(30일) 취소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff reported a trucking transport business company, which is operating the trucking transport business, the vehicle increased for the special purpose freight lane that is permitted to be supplied, such as the description of the "the details of the car scrapping" in the list of the above list, and reported the car scrapping for the cargo lane, such as the general type of the vehicle, the supply of which is limited, and registered for the car scrapping in accordance with the receipt of the report, or taken over the vehicle registered for the car scrapping in accordance

B. On October 22, 2014, the Defendant changed and registered the Plaintiff into a general truck, such as a truck with limited supply of each vehicle listed in the list of specific-use trucks (attached Form 1), which is not subject to reporting but subject to permission, and subsequently changed or acquired such vehicle without obtaining permission, on the ground that it did not obtain permission for change, and thus did not obtain permission for change,” and accordingly, ordered the Plaintiff to suspend the entire truck owned by the Plaintiff under Article 19(1)2 of the Trucking Transport Business Act and Article 5(1) of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 26251, May 26, 2015) (hereinafter “Disposition on October 22, 2014”).

C. Accordingly, the Plaintiff filed a lawsuit seeking revocation of the disposition taken on October 22, 2014, and as a result, on October 29, 2015, the judgment in favor of the Plaintiff was rendered (Seoul District Court Decision 2015Guhap11646) on the ground that the vehicles listed in the list of “Attachment 1” in the Gwangju District Court (attached Form 1) are only one (No. 25) with respect to the vehicles for which the grounds for disposition are not recognized, but the entire suspension of business was excessively excessive and abused, and that the said judgment became final and conclusive on December 1, 2016.

On December 12, 2017, the Defendant issued a prior notice of administrative disposition and the submission of opinions to the Plaintiff on December 12, 2017, and each of the instant vehicles listed in the list (attached Form 2) as follows.

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