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(영문) 서울행정법원 2013.06.13 2012구단8062
자동차운전면허취소처분취소
Text

1. On March 13, 2012, the revocation of the driver’s license (Class 1 large-scale) issued by the Defendant against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 25, 2010, around 00:37, the Plaintiff: (a) operated a 1stnife car owned by the Plaintiff Company on the road at the port north-dong, Seo-gu, Incheon Island, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon; (b) obstructed the traffic of the land through which ordinary vehicles pass by, along with the BM M3 vehicle, drive by the Plaintiff Company, and drive by the unsciffed winners; and (c) approximately 300-40 meters away from the 300-40-meter section.

As a result, the Plaintiff received a summary order of KRW 1 million in Seoul Central District Court Decision 2012 High Court Decision 7744 General Traffic Obstruction and Road Traffic Act Violation (Joint Risk Act).

B. On March 13, 2012, the Defendant revoked the license by applying Article 93(1)11 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter “former Road Traffic Act”) and Article 91(1) [Attachment Table 28] subparag. 2 subparag. 13, Article 92 subparag. 2(e) of the Enforcement Rule of the same Act (amended by Ordinance of the National Police Agency No. 2, Mar. 23, 2013; hereinafter “Enforcement Rule of the former Road Traffic Act”).

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [This case’s Disposition .] : (1) 1 to 4; (2) 6 to 8; and (3) 1 to 6 ; and (4) 1 to 6

2. Whether the instant disposition is lawful

A. The instant ground provision, which is the Plaintiff’s assertion, deviates from the delegation limit under Article 93(1)11 of the former Road Traffic Act, which is an authorized law, and is null and void in violation of the principle of excessive prohibition.

Therefore, the disposition of this case, which applied the ground provision of this case null and void, is unlawful.

(2) Article 93 (Revocation and Suspension of Driver's License) (1) In any of the following cases, the commissioner of a district police agency shall determine by Ordinance of the Ministry of Public Administration and Security:

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