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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. On March 5, 1989, the Plaintiff acquired a Class 1 ordinary driver’s license.
B. On April 24, 2014, the Plaintiff was imposed 30 points points on the ground that the Plaintiff caused a traffic accident requiring approximately three weeks of treatment by shocking pedestrians while driving the Otoba (hereinafter “the instant Otoba accident”) and caused personal damage to one of them due to signal or instructions.
In addition, around 23:04 on June 15, 2014, while driving a motor vehicle under the influence of alcohol 0.063% of blood alcohol level, 100 points of penalty points were found.
C. On July 5, 2015, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 ordinary driving license as of July 27, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff’s nuin penalty points for the latest one year exceeded the revocation criteria (121 points).
In response, the plaintiff filed an administrative appeal on October 6, 2014, but the Central Administrative Appeals Commission dismissed it on November 18, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the accident of the plaintiff's assertion, pedestrian walked on the crosswalk in violation of the signal and the part of the bridge is faced with the front wheels of the plaintiff's Oba.
The plaintiff attempted to turn to the left in violation of the signal at the time.
No traffic accident has been caused.
Therefore, given 30 points for the violation of the signal, 30 points are imposed mistakenly.
The Plaintiff’s revocation of the Plaintiff’s driver’s license is an illegal disposition that deviates from discretion and is against the law, since there is no accident other than a traffic accident related to the instant disposition, and the Plaintiff’s driver’s license is maintained by driving by delivering the ordered parts while operating the automobile parts agency.
B. The plaintiff at the time of the accident of the Obane in this case.