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(영문) 전주지방법원 2015.10.23 2015구단905
자동차운전면허취소처분취소
Text

1. On March 6, 2015, the Defendant’s revocation of the driver’s license granted to the Plaintiff on March 6, 2015 is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. The plaintiff holds Class 1 large, Class 1 ordinary, and Class 2 small driver's licenses, and is the owner of a party branch located at the Ysan-si University and the owner of a party branch located at the Ysan-si University, and Category C (hereinafter "victim") is a part-time student at the above party branch.

B. On October 9, 2014, the Plaintiff: (a) took a funeral hall located in Pyeongtaek-gun, Gyeonggi-do to move the sea to the victim; and (b) took a dMW 320 vehicle volume owned by the victim (hereinafter “instant vehicle”); (c) was set up at the parking lot in the Seosan-si, Seosan-ri, Yan-ri, 36-14, which is located in the west-si, Seosan-si, west-si, west-si, west-do, and west-do, kid the victim who was seated on the west-do Highway; and (d) took an indecent act by compulsion with the victim on October 10, 2014, when the Plaintiff returned to the said funeral hall with the victim on the 00:30,000,000,000,000 won and went to the front stop in the 1st,000,0000,0000).

C. On March 6, 2015, the Defendant revoked the Plaintiff’s Class I large, Class I ordinary, and Class II small driver’s license pursuant to Article 93(1)11 of the Road Traffic Act on the ground of the instant criminal facts. D.

Accordingly, the plaintiff filed an administrative appeal on April 8, 2015, but the Central Administrative Appeals Commission dismissed the decision on May 1, 2015.

[Reasons for Recognition] Facts without a partial dispute, Gap 1, 2, 5, Eul 1 to 3, 5 to 13, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 93(1)11 of the Road Traffic Act provides specific types of criminal acts that violate the principle of prohibition of comprehensive delegation of legislation, violations of the principle of clarity, presumption of innocence, and the presumption of innocence.

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