2012Gudan212 Revocation of revocation of license for driving motor vehicles

○ Kim

Busan East-gu 00 Dong 0

The Commissioner of Busan Local Police Agency

Litigation Performers Lee ○○

September 5, 2012

September 26, 2012

1. Class II lawsuit against the Plaintiff on August 4, 201, which was rendered by the Defendant against the Plaintiff on September 10, 2011.

The part concerning a punishment driver's license shall be revoked.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. As to the part concerning Class II driver's licenses among the dispositions under paragraph (1), the judgment of the appellate court of this case is rendered.

by the time of the suspension of the execution.

The defendant's revocation of the driver's license on September 10, 201 against the plaintiff shall be revoked.

1. Details of the disposition;

The following facts do not conflict between the parties, or there is evidence No. 1, No. 1, No. 2, and No. 2

Any entry and the whole purport of pleading in each of the following subparagraphs may be recognized.

A. The plaintiff's ordinary driver's license of August 21, 1998 and Class II small driver's license of September 5, 2002

B. A Class I driver's licenses on January 27, 2005, and the Special (Baler) on February 27, 2008:

On June 17, 2009, each acquisition of a special (rasher) driver's license was made.

B. The Defendant: (a) rape with the Plaintiff on August 4, 201; and (b) rape with a motor vehicle on February 5, 2011 by the Plaintiff.

(1) A person who, on September 10, 201, revoked each of the above driver's licenses on the ground that he/she committed indecent acts by compulsion.

A disposition was taken.

2. Whether the disposition is lawful; and

A. Summary of the plaintiff's assertion

(1) The Plaintiff: (a) committed rape or indecent act by compulsion on another’s part in the course of his/her operation with Song○○; (b)

In the absence of any room, the Defendant filed a complaint with the employer, which led to the failure of the employer to file a criminal complaint, and criminal records have been committed.

For this purpose, the disposition of this case is illegal, since a entangrative investigation was conducted.

(2) The plaintiff does not have the right to institute a public prosecution for a case that ○○ filed for rape."

The disposition of this case is unlawful, since there was no fact that he was convicted of rape.

(3) Even if not, the above circumstances and the Plaintiff’s special vehicle driving engineer

The plaintiff must work and the driver's license is essential due to the characteristics of the work, and the plaintiff has committed an illegal act so far.

In light of all circumstances, including the fact that there is no punishment imposed, the instant disposition is too excessive to the Plaintiff.

It is an illegal disposition that deviates from or abused discretionary power.

(b) Related statutes;

/ The Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply)

Article 93 (Revocation and Suspension of Driver's Licenses) (1) The commissioner of a district police agency shall grant a driver's license (excluding any student license; hereafter the same shall apply in this

(u) If a person received falls under any of the following subparagraphs, the criteria prescribed by Ordinance of the Ministry of Public Administration and Security shall apply:

and may revoke the driver's license or suspend the effect of the driver's license within one year: Provided, That subparagraph 2 ·

Sub-paragraphs 3, 6 through 8 (excluding cases where the regular aptitude test has elapsed), 11, 13, 15, and 16

When falling under subparagraph 17 or when it falls under subparagraph 17, driver's license shall be revoked.

11. Crimes prescribed by Ordinance of the Ministry of Public Administration and Security, such as murder, rape, etc. of a person with a driver's license.

at the time of such order

【Enforcement Rule of the Road Traffic Act

Article 92 (Types, etc. of Crimes Using Motor Vehicles, etc.)

In Article 93 (1) 11 of the Act, a criminal act prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs is a motor vehicle.

When a crime falls under any of the following subparagraphs by using the implements or place of a crime:

2. Any of the following crimes, which violate the Criminal Act, etc.:

(b) Robbery, rape, or indecent act by compulsion;

(c) Facts of recognition;

The following facts do not conflict between the parties, or there is evidence and evidence Gap Nos. 2 and 3 mentioned above:

entry and pleading of the evidence 3-1, 2, 4-1, 5 through 7, and 5 through 8 of Eul, respectively.

In full view of the purport of the whole, it is difficult to believe that the entry of Gap evidence No. 7 is contrary thereto.

c) The descriptions of Gap evidence 5-1 to 4 and Gap evidence 6 are insufficient to reverse them.

(1) The Plaintiff and the Song ○○○ have come to school with the year from June 2009 and come to school around December 2010.

The Hague came to be hedging.

(2) The Plaintiff is a Busan’s annual system that the Plaintiff works from the end of January 201 to the end of January 201, 201, even after he she had been in ○○.

Finding ○○○○○○ Dong-dong with Lestop and Song ○○ on the other hand, or by intimidation, on the other hand.

The text messages from time to time were sent difficult.

(3) On February 5, 2011, 201: around 10, the Plaintiff: (a) sent back to the ○○○ Hastop around Hastop and then set aside.

They go through the direction of ○○ Dong subway Station in order to return home while examining and monitoring their attitudes.

A. The Plaintiff’s ○○○○○○○○○○○○○○ ○○○ ○○○○ in front of the transmission (hereinafter “the instant car”).

set up and landed, and the direction of the subway station, and the flight of which is ○○.

A. The ○○○ of the instant winnings, with the words "a group of the theme to catch the shoulder and put it into the house," and with the words "a group of theme"

The operation of the Susan-si ○○○-dong, ○○ apartment, ○○, ○○-dong, Yangsan-si, ○○-dong, ○○ apartment.

have taken place.

(4) On the same day: 23:00, the plaintiff was in front of the above ○ apartment, and there is only a short number of motor vehicles for the plaintiff.

가자며 이 사건 승용차를 운전하여 인적이 없고 으슥한 위 ○○아파트 뒤편 야산 폐건

Abandoned to water racks.

(5) The Plaintiff shall set the instant car at the above place, and shall be placed lying down immediately behind the first chair, after driving the instant car.

Along with the fact that ○○-ro-scamed ○○○, the body scambling the Plaintiff’s scam with both hands.

A. A. A. B. A. The Plaintiff’s resistance to the ○○, which made such resistance, must do so.

There is no reason for it, so that it may be forced, forced, and panty shall be exceeded once by force.

D. The term of this case was negative.

(6) Accordingly, on April 24, 2011, a report to the Busan Southern Police Station on rape, etc. of the Plaintiff

However, it submitted a written withdrawal to the effect that it does not want to deal with the case after, and Busan District Prosecutors' Office

With respect to the plaintiff, a non-prosecution disposition was rendered with "not to institute a public prosecution against the above rape."

(7) Afterwards, the Plaintiff filed a complaint with the Gansansan Police Station on Songyang-do, Jinsan-si, but the Ulsan Area was Ulsan-do.

Prosecutors' Office was not subject to disposition of non-prosecution's suspicion against Song-○. On this basis, the Plaintiff made a disposition of non-prosecution.

Although an application for adjudication was filed with the Busan High Court, it was dismissed and finally affirmed.

D. Determination

(1) Judgment on the Plaintiff’s Class 2 driver’s license

Ex officio, we examine the second-class driver's license of the instant disposition.

one person's license to drive more than one kind of motor vehicle, and the license shall be revoked or revoked.

In principle, it shall be treated as separate from each other in the case of suspension, provided that the revocation

or a driver's license, which is common to another license or common to, or has been granted a license;

If a person is related to another (Supreme Court 1 November 16, 1995) the license may be revoked in full.

Supreme Court en banc Decision 95Nu850 Decided March 24, 1998, and Supreme Court Decision 98Du1031 Decided March 24, 199.

According to the facts of the foregoing recognition, the instant disposition is categorized as Class 1 large, ordinary, and common.

Special (Tralers), special ( Lepers), and Class II driver's licenses, the Plaintiff holding the instant passenger vehicle

The above driver's license is revoked on the ground that he/she committed a crime by using B, and on the road.

Article 93 (1) 11 of the Traffic Act (hereinafter referred to as "the Act of this case") provides that "the driver's license of this case shall be granted."

A person who commits any crime prescribed by Ordinance of the Ministry of Public Administration and Security, such as murder or rape, using a motor vehicle.

section 92 subparagraph 2 (b) (hereinafter referred to as "the Act") of the Enforcement Rule of the Act provides for the grounds for cancellation of the license.

The Rules of the case ("the Rules of the case") uses a motor vehicle, etc. as a tool or place of a crime and rape, etc.

A motor vehicle, etc. used for a criminal act in which the reason for cancellation is specified as "when the crime is committed."

No. 2 of the above driver's licenses held by the plaintiff

No driver's license for a small-type driver's license is available to drive the vehicle of this case, and the reasons for such cancellation are above.

Since it is not common to the permission, the plaintiff committed a criminal act using the car in this case.

Since it is not related to Class II driver's licenses, in such a case, above

Class II driver's licenses can not be revoked (Supreme Court Decision 2012Du2012 Decided May 24, 2012).

1891 see Supreme Court Decision 1891

Therefore, the defendant's disposition of this case concerning Class II driver's license is illegal.

(2) Determination as to the remaining driver's licenses of the Plaintiff

(A) Determination on the plaintiff's first and second arguments

According to the above facts of recognition, the plaintiff is considerably difficult to reflect the Song-○'s resistance at the above date, time, and place.

Since the plaintiff had sexual intercourse by exercising force to the extent that it was a crime of rape under the Criminal Act.

The requirements for establishment are to be satisfied.

On the other hand, the prosecution's revocation of the complaint against the plaintiff after the fact

Although non-prosecution disposition was rendered on the ground that the victim did not have the right to institute a suit, the victim's complaint is against rape.

This case’s legal provisions and this case’s legal provisions are subject to the requirements for indictment (requirements for Prosecution).

In the rule provisions, the crime of rape or indecent act by compulsion is a reason for cancellation of driver's license.

Inasmuch as the victim does not require that the complaint be filed, the victim has cancelled the complaint and due to such cancellation.

H. When determining the requirements to revoke a driver’s license under the circumstance that the Plaintiff was subject to a non-prosecution disposition

No effect may be affected.

Therefore, the plaintiff is deemed to have committed a crime of rape against ○○○ by using a motor vehicle.

Thus, the disposition of this case is deemed to have grounds for the disposition, and against this, the first and first of the plaintiff against it.

The second argument is not accepted.

(B) Judgment on the third assertion by the Plaintiff

According to the legal provisions of this case and the provisions of the Rules of this case, rape or enforcement with a motor vehicle

Since the driver's license is to be revoked for a person who commits an indecent act, the driver's license is to be revoked;

As long as the plaintiff is deemed to have committed the crime of rape as above, the defendant shall be subject to the above provisions.

In addition to the revocation of the Plaintiff’s driver’s license, there is no room for any choice or discretion.

Therefore, the plaintiff's three times under the premise that the defendant has the discretion to take the disposition.

Sixth argument is not accepted.

3. Suspension of execution.

According to the records of this case, the second-class driver's license of this case among the disposition of this case is authorized.

To prevent irrecoverable damage caused by the enforcement of one part to the Plaintiff.

It is recognized that the suspension of execution may have a significant impact on the public welfare.

There is no evidence to acknowledge that such disposition constitutes a time limit, and therefore Class II small-sized transport business among the above disposition.

The execution of the preceding license shall be suspended ex officio by the time the appellate court rendered a judgment in this case.

4. Conclusion

Thus, the defendant's disposition of this case concerning Class II driver's license should be revoked.

Since the plaintiff's claim for this part is justified, and the remainder of the claim is without merit.

It shall be dismissed as per Disposition. It is so decided as per Disposition.

Judges Lee Dong-ho