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(영문) 부산고등법원(창원) 2015.09.16 2015누10356
자동차운전면허취소처분취소
Text

1. Revocation of a judgment of the first instance;

2. The revocation disposition of driver's license issued by the Defendant to the Plaintiff on October 8, 2014 shall be revoked.

3...

Reasons

1. Details of the disposition;

A. On October 8, 2014, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (class 1 common) as of November 1, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff committed an indecent act by force using a motor vehicle.

B. As to this, the Plaintiff underwent the pre-trial procedure.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 12, Eul No. 1 and 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The non-existence of the grounds for disposition did not constitute an indecent act by force using a motor vehicle. At the time, the Plaintiff, as a taxi engineer, did knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kne-kne-kne-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kner.

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

C. In administrative litigation for the determination of the existence of the grounds for disposition 1, even if not bound by the facts established in a criminal trial, the fact that the criminal judgment, which became final and conclusive, was convicted of the same facts, serves as a flexible evidence in the administrative litigation, and thus, other evidence submitted in the administrative trial.

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