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(영문) 부산지방법원 2015.09.17 2015구합1558
도로교통법위반과태료부과처분무효확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendants, based on the facts, imposed on the Plaintiff the total amount of KRW 5,831,080,00,000,000, which is registered in the name of the Plaintiff (the registration number was B, but the registration number was changed to C; hereinafter “instant vehicle”) due to speed violations, etc., as shown in the attached list, on the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination on this safety defense

A. As to the plaintiff's lawsuit of this case seeking confirmation of invalidity of the imposition of an administrative fine, which is filed against the plaintiff, who is not the driver but the nominal owner of the public account, by asserting that only registered only in the name of the plaintiff, but actually acquired the purchase price of the motor vehicle of this case by deceiving the plaintiff, and that it is not operated by D, the plaintiff, the plaintiff who is not the driver, is entitled to appeal the imposition of the administrative fine in accordance with the procedure set forth in the Regulation of Violations of Public Order, and the defendants cannot appeal

B. According to the reasoning of the judgment, Articles 1, 2 subparag. 1, 20, 21, 25, and 36 of the Act on the Regulation of Violations of Public Order, any person who is dissatisfied with the imposition of a fine for negligence on a violation of public order may raise an objection in writing to the relevant administrative agency within 60 days from the date on which he/she receives the notice, and the relevant administrative agency shall notify the competent court along with his/her opinion and documentary evidence within 14 days from the date on which he/she receives the objection, and the competent court so notified shall decide on the fine for negligence

However, the imposition of the fine for negligence in this case on the act of violation of the Road Traffic Act such as speed limit violation is a sanction against the violation of public order under Article 17 (3) of the Road Traffic Act, and its propriety should be determined in accordance with the procedure prescribed in the Act on the Regulation of Violations of Public Order.

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