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(영문) 부산지방법원 2015.04.01 2015구단121
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. On May 2, 2014, the Plaintiff, while driving on May 2, 201, was given additional points for 40 points by failing to comply with a summary judgment on July 28, 2014, and on August 22, 2014, with each of the above points accumulated 95 points in total as 40 points for non-compliance with the summary judgment (payment of penalty), and on August 22, 2014.

B. Accordingly, on September 25, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s first-class driver’s license (license number: B) on the ground that the Plaintiff’s accumulated total score for one year exceeds 135 points, which is the standard for revoking the driver’s license.

C. The Plaintiff filed an administrative appeal on November 18, 2014 regarding the instant disposition, but was dismissed on December 9, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff did not timely pay the remaining penalty that did not confirm the mail that the Plaintiff would live, the Plaintiff’s work as a delivery engineer at C, and the Plaintiff’s driver’s license is essential. If the driver’s license is revoked, it is no longer possible for the above company to work and maintain his family’s livelihood, and the Plaintiff was in violation of drinking and other serious traffic regulations since the Plaintiff acquired the driver’s license. The instant disposition is unlawful since it excessively deviates from the scope of discretion or abused the discretionary power.

B. In certain cases, even if the revocation of the driver's license on the ground of exceeding the given points is discretionary action by an administrative agency, today's motor vehicles are the mass means of transportation, and the traffic situation becomes complicated due to the large issuance of driver's license, and there is a growing need to strictly observe traffic regulations as the traffic situation becomes complicated. In particular, it is a traffic offense.

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