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(영문) 서울행정법원 2015.07.31 2015구단2447
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 21, 2014, the Plaintiff violated the median line while driving, and received 40 points as well as 40 points to suspend the driver’s license on August 28, 2014 (hereinafter “instant disposition of suspension”).

B. On November 4, 2014, the period of the said disposition of suspension (from October 7, 2014 to November 15, 2014), the Plaintiff driven a motor-driven car, and on November 27, 2014, the Defendant issued a disposition of revocation of the driver’s license (class 1 common use) to the Plaintiff on November 27, 2014.

[Ground of recognition] Facts without dispute, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 22, 2014, the Plaintiff paid a penalty for the instant disposition of suspension (on March 21, 2014, the median line), and thus, the Plaintiff was driving on November 4, 2014, which did not think that the license will be suspended. 2) In light of the fact that the Plaintiff’s livelihood is difficult due to the instant disposition, etc., the Defendant’s instant disposition is unlawful as it was in excess of the public interest that the Defendant would have suffered, and thus, is in violation of the discretionary authority.

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to the Plaintiff’s first argument, as to the Plaintiff’s first argument, the Plaintiff paid a fine for negligence on October 22, 201 on August 22, 201, which is acknowledged as having been irrelevant to the grounds for the instant disposition of suspension (the central intrusion on March 21, 2014), and according to the Plaintiff’s statement No. 2-2, the Plaintiff’s child received the instant disposition of suspension on September 17, 2014. Thus, the Plaintiff’s above argument is without merit. In other words, the Plaintiff’s second argument is acknowledged as follows: (i) the Plaintiff did not know about the Plaintiff’s driver’s license during the suspension period, and drive again without being aware of the Plaintiff’s license; and (ii) the Plaintiff’s disposition of this case.

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