logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.06.28 2018구단770
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. Around October 21, 2017, the Plaintiff holding a Class I driver’s license, Class I driver’s license, Class I driver’s license, Class II driver’s license, and Class II driver’s license, driven a D-be cruise car under the influence of alcohol content of 0.106% in front of a gas station located in Gwangju North-gu, Gwangju, on the roads of C-B on October 21, 2017.

B. On November 9, 2017, the Defendant notified the revocation of the Plaintiff’s respective driver’s license on the ground of the above drunk driving.

(hereinafter referred to as “previous Disposition”). (c)

The Plaintiff dissatisfied with the previous disposition and filed an administrative appeal on November 13, 2017, and rendered a partial adjudication on December 19, 2017, changing the previous disposition to the disposition of suspension of driver’s license for 110 days.

(Suspension of driver's license is suspended with penalty points of 110).

On November 17, 2017, the Plaintiff violated the signal provision corresponding to the 15th point for the temporary license period.

E. On January 25, 2018, the Defendant issued a disposition to revoke the driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff’s penalty points (i.e., 125 points for the suspension of driver’s license (i., 110 points for the violation of signal points) exceeds 121 points, which is the criteria for the revocation of driver’s license.

F. The Plaintiff filed an objection against the driver’s license administrative disposition and filed an administrative appeal, but all dismissed.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the fact that the revocation disposition of the driver's license that was partially cited in the previous administrative trial on the Plaintiff's assertion was 15 points in the past, the instant disposition is excessively harsh, that the Plaintiff did not cause an accident, that the Plaintiff is essential as a driver of Tricker, that the family's livelihood is difficult when the driver's license is revoked, and that there was no administrative disposition for about 25 years, etc., the instant disposition is rather than the public interest to be obtained due to the instant disposition.

arrow