logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.10.18 2017구단26584
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. On February 24, 2017, the Plaintiff was given points 25 points of marks on the ground that, while driving a motorcycle on the side of the driving direction in Jongno-gu Seoul Metropolitan Government (a one-way road without distinction between the lane and the sidewalk) due to a pedestrian’s personal traffic accident caused by shocking the right side of the pedestrian who walked on the right side of the driving direction in violation of the safety driving duty.

B. On May 26, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 2 common and class 2 motorcycles) on the ground that the Plaintiff exceeded the base point (121 points) by 135 points per year (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 26, 2017, but was dismissed on July 18, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 6 evidence, Eul's 1 through 5 evidence (including Serial number) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant disposition is unlawful since it exceeded the scope of discretion or abused discretion, considering the following: (i) the Plaintiff’s person engaged in delivery service is driving, (ii) the damage caused by the instant accident is deemed to be serious; and (iii) the instant disposition is highly likely to cause serious difficulties for the livelihood of the Plaintiff and his family members.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances.

(e).

arrow