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(영문) 서울행정법원 2018.05.03 2017구합76791
자동차운전면허취소처분 취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On December 11, 1965, the Plaintiff obtained Class 1 ordinary driving licenses, and Class 1 large driving licenses on August 23, 1979. On June 21, 1993, the Plaintiff engaged in private taxi transport business after obtaining a private taxi transport business license.

B. On October 13, 2016, the Plaintiff received 10 points from the Plaintiff as a violation of traffic restrictions on exclusive lanes, and (2) as a retaliationed driving on February 8, 2017, and received 100 points from the Plaintiff. ③ On February 19, 2017, while driving a taxi on February 19, 2017, the Plaintiff was given 30 points with black points (one middle point, 15 points with black points, 15 points with black points due to a violation of signal or instruction) by causing a traffic accident that causes personal injury to one of the upper, while driving the taxi and driving the taxi on February 19, 2017.

C. Based on Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act on April 18, 2017, the Commissioner of the National Police Agency of the Seoul Special Metropolitan City (hereinafter referred to as the “Defendant Commissioner of the National Police Agency”) determined May 27, 201 as the effective date and revoked the Plaintiff’s Class 1 large-sized and Class 1 ordinary vehicle driving license on the ground that the Plaintiff’s total sum of 140 points per year exceeds 121 points per year.

(hereinafter “instant revocation Disposition”) D.

On July 27, 2017, the Defendant Seoul Special Metropolitan City Mayor revoked the Plaintiff’s private taxi transport business license based on Article 85(1)37 of the Passenger Transport Service Act and Article 43(1) [Attachment Table 3] of the Enforcement Decree of the Passenger Transport Service Act on the ground that the Plaintiff’s driver’s license was revoked.

(hereinafter referred to as “instant disposition for revocation of a transport business license” and “each of the instant dispositions” in addition to the instant disposition for revocation of a driver’s license” (hereinafter referred to as “each of the instant dispositions”). 【No dispute exists, Gap evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 5, and 6, and the purport of the entire pleadings.

2. Whether each of the dispositions of this case is legitimate

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