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(영문) 서울행정법원 2016.08.12 2016구단14737
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 January 4, 2016, at around 05:30, the Plaintiff driven a car car in B, while driving the front road in Geumcheon-gu Seoul Metropolitan Government, resulting in a personal injury (one of the two persons, 16 persons on the upper, 16 persons on the upper, and one injury), and a traffic accident that caused physical damage (hereinafter “instant accident”).

B. On February 19, 2016, the Defendant issued the instant disposition that revoked the driver’s license (class 1 common) as of March 26, 2016 on the ground that the Plaintiff’s 10 points of outstanding points for ensuring the safety distance and 112 points of outstanding points due to personal damage, respectively, and that the accumulated points for one year for the Plaintiff exceeds 121 points.

[Ground of recognition] Each entry in Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 1 through 8 (including paper numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering various circumstances, such as the fact that the Plaintiff’s assertion on the Plaintiff’s ground that the driver’s license is essential to maintain his livelihood, the instant disposition is due to excess of the given points due to traffic accidents, and that the Plaintiff has done its best to deal with the accident, such as sending the injured immediately after the instant accident, and that the Plaintiff supports the parents, their spouse, and two children, the instant disposition is unlawful by excessively harshly treating the Plaintiff and abusing its discretion.

B. According to Article 93 (2) of the Road Traffic Act, the commissioner of a district police agency may give penalty points to a person who has violated traffic regulations, as prescribed by Ordinance of the Ministry of the Interior, and when the penalty points exceed a certain point, he/she may cancel or suspend the driver's license. According to Article 91 (1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, the penalty points due to the violation of the Act are 10 points when securing the safety distance, 15 points for each person in the case of personal traffic accidents, 5 points for each person in the light, 5 points for each person in the light, and two points for each person in the report of injury, and the criteria for cancellation of driver's license shall be

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