(영문) 서울고등법원 2019.06.18 2018누77465

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.06.18 2018누77465

자동차운전면허취소처분취소

Text

1. Revocation of the first instance judgment.

2. Class 1 driver’s license for ordinary vehicles issued by the Defendant to the Plaintiff on July 14, 2018.

Reasons

1. Each description of evidence 1, 2, 1, and 4 of evidence 1, 1, 1, and 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings;

A. At around 05:10 on July 3, 2017, the Plaintiff, as a private taxi (B) driver, was under the influence of alcohol of 0.067% on the roads near the East-gu Seoul Metropolitan Government Sari-dong, and was subject to the imposition of 100 points of the given points by driving the said taxi, and thereafter, the Plaintiff was subject to the imposition of 15 points of the given points as a violation of signal or instruction on May 2, 2018.

B. On July 14, 2018, the Defendant decided and notified the Plaintiff on July 14, 2018 that the Plaintiff’s total sum totaled KRW 130 per year exceeds the base point of revocation of the driver’s license (121 points per year).

(B) Of them, the revocation of the first-class ordinary vehicle driver's license, for which the Plaintiff seeks revocation, shall be referred to as the "instant disposition".

The Plaintiff filed an administrative appeal against the revocation of the first-class ordinary vehicle driver's license and second-class motorcycle driver's license, but the Central Administrative Appeals Commission dismissed the Plaintiff's request for administrative appeal on October 10, 2018.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The revocation of a driver’s license on the ground that the driver’s license was calculated based on the accumulated points included in the calculation of the driver’s license for driving under the influence of alcohol on July 3, 2017, even though the Plaintiff completed the execution with a disposition of suspending the driver’s license for 82 days due to the act of driving under the influence of alcohol on July 3, 2017, constitutes a double disposition and is unlawful. 2) The Plaintiff’s revocation of the driver’s license on the ground that there are circumstances to consider the motive and background of each offense, which caused the instant disposition, as a private taxi driver, and the Plaintiff’s cancellation of the license and loss of means

참조조문

-도로교통법 시행규칙 제91조 제1항

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