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(영문) 서울행정법원 2016.06.10 2015구합82884
자동차운전면허취소처분취소
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 November 16, 199, the Plaintiff acquired Class 2 ordinary driving licenses, Class 1 ordinary driving licenses on September 28, 2001, and the qualification for taxi driving on October 12, 2001, respectively.

After that, on July 27, 2011, a private taxi business license was acquired to operate private taxi business.

B. On July 6, 2015, around 00:34, the Plaintiff: (a) driven a Bcoon vehicle owned by the NavyMMC Co., Ltd. with a blood alcohol content of 0.218% at the time of Overcheon-si, while driving the vehicle on the front line of the same vehicle (hereinafter “the first accident”); (b) was driving about about 100 meters on the front line without taking measures, such as aiding the driver of the said vehicle at the site; and (c) repied the bus driven at the front line (hereinafter “the second accident”); (d) two drivers and two passengers incurred the injury requiring two weeks’ medical treatment.

C. On August 17, 2015, the Defendant-do North Korean Police Agency issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 and 6 of the Road Traffic Act on the ground that “after the occurrence of human traffic accidents, such as drinking, overro, drugs, and joint risk, and failing to report” to the Plaintiff.

(hereinafter “instant No. 1 Disposition”) D.

On October 5, 2015, the Defendant Seoul Special Metropolitan City Mayor issued a disposition to revoke the Plaintiff’s private taxi transport business license pursuant to Article 85(1)37 of the Passenger Transport Service Act on the ground that the Plaintiff’s revocation of the driver’s license was the cause of disposition.

(hereinafter referred to as “instant Disposition 2”). (e)

On October 7, 2015, the head of Dongdaemun-gu Office revoked the Plaintiff’s qualification for taxi transport pursuant to Article 87(1) of the Passenger Transport Service Act on the ground that the Plaintiff’s driver’s license was revoked.

(hereinafter referred to as "third Disposition of this case"). . [Grounds for recognition] . [In the absence of dispute, Gap evidence 1 to 4, Eul evidence 1 to 21, Eul evidence 1, 2, Eul evidence 1 and 2.

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