The case holding that the disposition to revoke a driver's license based on the aggregate score of the penalty points imposed without reducing the penalty points to 1/2 pursuant to Article 53 (1) [Attachment Table 16] of the Enforcement Rule of the Road Traffic Act 3. (b)(1) of the Enforcement Rule of the Road Traffic Act on the basis of the result of the accident; and

The case holding that the disposition to revoke a driver's license based on the aggregate score of the penalty points imposed without reducing the penalty points to 1/2 pursuant to Article 53 (1) [Attachment Table 16] of the Enforcement Rule of the Road Traffic Act 3. (b)(1) of the Enforcement Rule of the Road Traffic Act based on the result of the accident, although the traffic accident of the vehicle by the vehicle is caused by both negligence, is illegal.

Article 78(1)11 of the Road Traffic Act, Article 53(1) [Attachment Table 16] of the Enforcement Rule of the Road Traffic Act 3. Na(1) of the individual criteria for suspension

Plaintiff (Attorney Lee Im-soo, Counsel for plaintiff-appellant)

Police Agency of Jeonnam-do

1. The defendant's revocation of the license for the plaintiff as of October 30, 1998 shall be revoked.

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

The same shall apply to the order.

1. Details of the disposition;

As of October 30, 1998, the defendant issued the disposition of this case between the parties concerned by applying the provisions of Article 78 (1) 11 of the Road Traffic Act, Article 53 (1) [Attachment Table 16] of the Enforcement Rule of the Road Traffic Act, Article 53 (1) [Attachment Table 16] of the Road Traffic Act, Article 78 (1) 11 of the Road Traffic Act, Article 53 (1) [Attachment Table 16] of the Enforcement Rule of the same Act, on the ground that the parties concerned has no dispute over the cancellation of the plaintiff's ordinary class 1 and class 1 driver's license of this case by applying the provisions of Article 78 (1) 11 of the Road Traffic Act, Article 78 (1) 11 of the Road Traffic Act, Article 53 (1) [Attachment Table 16] of the ordinary standard of 1. c. (1) of the same Act to the plaintiff's revocation of the first class and class 1 driver's license of this case.

2. Whether the instant disposition is lawful

A. The parties' assertion

In regard to the defendant's assertion that the disposition of this case is lawful on the grounds of the above disposition and applicable provisions of law, the plaintiff's traffic accident as of March 19, 198 was caused by the non-party Lee Jong-nam's negligence or the plaintiff and Lee Jong-nam's negligence. Thus, the above accident's given points due to the above accident are 17.5 points in total, 7.5 points reduced to 15 points according to the result of the accident and 10 points due to the violation of the duty of safe driving as of 1/2 of Article 53 (1) [Attachment Table 16] of the above Enforcement Rule 3.3.

B. Relevant statutes

It is as shown in the attached Form.

C. Facts and determination of recognition

(1) Without dispute between the parties, or considering the whole purport of the pleading as to Gap evidence 3, Gap evidence 6-1 to 4, 6, 7, Eul evidence 2-1 to 3, Eul evidence 3-2 to 4, the plaintiff driving the above private taxi on March 1998 at around 19:20, while driving the above private taxi and driving it on March 19, 1998 at about 5 km in front of the local flabbs in the Doncheon-dong of Gwangju Mine-gu, Doncheon-gu, Gwangju, with a middle apartment flabing at a speed of about 5 km, and driving it on the right side of the vehicle, the above flabbs in front of the vehicle and the above flabs in front of the vehicle. The above flabs and the above flabs and the above flabs and the above flab are not across the road at the time of the above accident.

(2) According to the above facts, the above accident is caused by concurrent negligence between the plaintiff's negligence of neglecting the duty of front-time care and the vehicle driving across the road without properly verifying whether the above Lee Jong-nam is a vehicle driving across the road. Thus, according to the result of the accident of the plaintiff, the given points according to the above accident of the plaintiff are 7.5 points that reduce the given points to 15 points to 1/2 pursuant to the above relevant laws and regulations, and eventually, the given points for one year of the plaintiff 17.5 points to 117.5 points to 117.5 points to 7.5 points to 100 points to 100 points to 15 points to 15 points to 1/2 of the given points.

3. Conclusion

Thus, the disposition of this case revoking the plaintiff's driver's license on the ground that the accumulated points of the plaintiff for one year constitute more than 121 points shall be deemed unlawful. Thus, the plaintiff's claim of this case seeking the cancellation shall be accepted for this reason and it shall be decided as per the disposition (attached Form omitted).

Judges Kim Jae-sik (Presiding Judge)