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(영문) 서울행정법원 2017.11.17 2017구단73917
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From February 3, 2017 to May 13, 2017, the Plaintiff, even during the suspension period of the driver’s license, was driving a B-wing truck on May 3, 2017, on the front day of the 2534 G-dong Veterans Office, G-dong, G-dong, G-dong, G-dong, G-dong, G-dong, G-dong, G-dong, G-dong, G-dong, and G

(hereinafter referred to as “instant unlicensed driving”). B.

On June 9, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the instant without a license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on August 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion is engaged in the facility construction business, and thus, the Plaintiff’s driver’s license is essential to maintain his/her livelihood, and there are circumstances considering the Plaintiff’s previous suspension of driver’s license, the instant disposition is unlawful by abusing and abusing discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined not only in accordance with

(2) The disposition is immediately made.

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