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(영문) 서울고등법원 2014.05.13 2013누50175
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff’s argument in the first instance under Paragraph (2) below, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s assertion of the trial

A. Criteria for the disposition of revocation of a driver's license in relation to Article 91 (1) of the Enforcement Rule of the Road Traffic Act (Attached Table 28) of the Plaintiff's argument

1. General standards:

(b) Where the total sum of penalty points (in cases of causing traffic accidents due to a violation of laws) in applying individual standards causes traffic accidents due to a violation of laws and regulations;

3. Individual criteria for suspension:

(a) In case of violation of this Act or any order issued under this Act (if there are two or more violations of the Acts and subordinate statutes which caused a traffic accident, only one of the most serious violation shall apply) (hereinafter the above provision shall be referred to as the “instant provision”), and (2)

(b) When he causes a traffic accident (1) and gives marks according to the results of the accident;

(b) Where the person causes a traffic accident, the penalty points shall be added up all due to non-compliance with the measures;

The term "" is defined as ".

However, in relation to the above traffic accident, the plaintiff's given points that are set forth in the individual criteria for the above suspension disposition is 100 points for drunk driving, 10 points for ensuring safe distance, 15 points for non-measures after the accident. Since the violation of laws and regulations which caused the above traffic accident is at least two as a drinking driving and ensuring safe distance, if only 100 points which are the most serious points among them are applied, the plaintiff's given points cannot be added to 115 points (=15 points for non-measures after the accident causing the damage of 100 points for drunk driving) but the defendant's given the disposition in this case on the premise that the sum of the points of the plaintiff's given points is 125 points for

B. The purpose of the instant provision is to impose unreasonably excessive penalty points on drivers who have caused traffic accidents.

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