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(영문) 서울행정법원 2018.02.12 2017구단82010
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. The Plaintiff was given penalty points from the Defendant as indicated in the following table (hereinafter “instant table”).

The first day of July 16, 2016 points 10 points 10 points 10 points 10 points 10 points 15 points 30 points 30 points 15 points 15 points 3, 2016. 8. 3, 2017. 40 points 25 points 5 points 25 points 20 points 5 points 2017. 6 points 15 points 15 points 6 points 30 points 125 points 125 points 30 points 15 points 2017. 7. 9, 2017.

B. On September 19, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground that the annual nusan penalty points exceed the criteria for revocation (one year and 121 points) (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on December 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In relation to the traffic accident listed in the No. 6 table of this case, with regard to the traffic accident listed in the No. 6 table of this case, the victim suffered only damage to the extent that he did so even live in the main set of the taxi operated by the Plaintiff, and cannot be recognized that he suffered severe damage, and since the victim’s negligence has contributed considerably to the occurrence of the above traffic accident, the given points due to the above traffic accident should be reduced to 1/2. Therefore, imposing the given points for the traffic accident listed in the No. 5 table of this case is unlawful. 2) As to the traffic accident listed in the No. 5 table of this case, imposing the given points for 15 points at the time is illegal to impose double punishment.

3 The plaintiff is engaged in private taxi drivers to maintain their livelihood while living in South and North of 13 years of age, so the driver's license is essential, and the plaintiff is traffic law.

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