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(영문) 인천지방법원 2018.07.24 2018구단50656
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 8, 2018, at around 08:40 on February 8, 2018, the Plaintiff driving B vehicles on the street in front of a prisoner of war in the Southern-gu, Incheon Metropolitan City, and caused a traffic accident with one ordinary person, but failed to comply with on-site relief measures or duty to report.

B. Accordingly, on March 23, 2018, the Defendant rendered a disposition to revoke a driver’s license (class I ordinary and class II ordinary) for the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff did not recognize the fact of injury because the Plaintiff immediately went against her shock, and that the Plaintiff’s child was unable to take a walk and walked to treat him/her, and that the Plaintiff’s loss of his/her driver’s license would result in difficulties in family support when he/she loses his/her driver’s license. The instant disposition exceeded the scope of discretion or abused discretionary power.

B. 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

In this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,

It can be said that the disposition is legitimate immediately.

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