(영문) 청주지방법원 2017.07.20 2017구합1808

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(영문) 청주지방법원 2017.07.20 2017구합1808

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 October 8, 2016, the Plaintiff, a bus driver, who is in office in Masung Tourism Co., Ltd. (hereinafter “instant company”), was subject to the disposition of the driver’s license for 100 days due to the Plaintiff’s breach of duty of safe driving on November 4, 2016, by causing an accident that caused the Plaintiff’s death while driving a tourist bus of the said company. After completing traffic knowledge education and traffic participation education, the period of the disposition of the driver’s license suspension was reduced to 50 days (from December 14, 2016 to February 1, 2017).

B. On December 18, 2016, the period of the disposition suspending the above driver’s license, the Plaintiff driven the instant company’s tourist bus in the section of about 300 km from Chungcheongnam-gun, Chungcheongnam-do, and on January 26, 2017, the Defendant revoked the Plaintiff’s Class 1 driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)19 of the Road Traffic Act on the ground that the Plaintiff was driving during the disposition period of suspending the driver’s license.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 11, 15, and 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff driven inevitably for the promise with the customer in the circumstance that the driver who was assigned the instant company’s tourist bus refuses to drive in a sudden manner and fails to work at work, and that the instant company cannot seek a substitute driver, and the instant disposition should be revoked by an illegal disposition that deviates from the limits of discretionary authority, considering the following: (a) the Plaintiff’s assertion inevitably driven for the promise with the customer; (b) it is possible to additionally reduce the suspension period according to the ten-year driving experience; and (c) it is possible to drive tourist buses after the police station’s departure to believe and drive the horses of C, which is a part of the instant police station, and (d) it is essential to maintain the livelihood and support for family members.

(b) as shown in the attached Form of the relevant statutes;

C. The number of cars today increases, and car driving licenses are also driving licenses.

참조조문

-도로교통법 제93조 제1항 제19호

유사 판례

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-전주지방법원 2015.05.18 2015구단219

-서울행정법원 2014.04.25 2014구단4002

-인천지방법원 2017.03.21 2016구단1216

-광주지방법원 2015.06.04 2014구단703