logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2011.06.13 2011구단8690
자동차운전면허취소처분취소
Text

1. On February 21, 201, the revocation of the driver’s license (Class II ordinary) issued by the Defendant against the Plaintiff on February 21, 201 is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 26, 2010, around 01:21, the Plaintiff: (a) driven the BMW M3 car owned by the Plaintiff at the 1st wharf of the north-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon; (b) obstructed the traffic of the land through which ordinary vehicles pass by driving the so-called drag rash, which forced a general road to prevent a person from driving the BMW M3 car owned by the Plaintiff, along with C vehicles with approximately 400 meters in high speed.

(B) Accordingly, the plaintiff was indicted for the case of general traffic obstruction in Seoul Central District Court 201Mo794.

On February 21, 2011, the Defendant revoked the driver’s license as of March 27, 201 by applying the corresponding provisions of Article 93(1)11 of the Road Traffic Act, Article 91(1) [Attachment 28] 2-13, Article 92 subparag. 1(e) of the Enforcement Rule (hereinafter “Enforcement Rule”) to the Plaintiff on February 21, 201, by applying the corresponding provisions of Articles 91 and 92 subparag. 1(e) of the Road Traffic Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, and Gap’s 1 through 4

2. Whether the instant disposition is lawful

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

(b) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security:

Provided, That when a regular aptitude test falls under subparagraphs 2, 3, 6 through 8 (excluding cases where the regular aptitude test term expires), 11, 13, 15, 16 or 17, the driver's license shall be revoked.

11. A person who has obtained a driver's license shall drive motor vehicles;

arrow