logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.09.05 2017구합21502
위반차량 운행정지 처분 등 취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 2014, the Plaintiff, a company running trucking transport business as prescribed by the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), took over a trucking transport business concerning A (hereinafter “instant vehicle”).

B. On January 2009, the instant vehicle is a vehicle that created and registered an automobile registration number with the permission of increase in the number of automobiles by means of preparing a false sales contract, etc. and filing an application for increase in the number of automobiles. On October 27, 2014, the instant vehicle was convicted of having been sentenced to a judgment of conviction (the Jeonju District Court 2014Gohap93) and the said judgment was finalized on April 15, 2015.

C. On August 30, 2016, the head of Yeongdeungpo-gu notified the Defendant on November 21, 2016 that the instant vehicle, etc. was suspected of being unlawfully registered, and thus, the head of Yeongdeungpo-gu notified the Defendant that it would hinder lawful administrative disposition after confirmation. D.

Article 3(3) and (5), Article 16(4), Article 19(1)2, and Article 20(1)2 of the former Trucking Transport Business Act (amended by Act No. 14725, Mar. 21, 2017; hereinafter “former Trucking Transport Business Act”) on the ground that the Defendant acquired the instant vehicle registered with permission of change by unjust means on January 12, 2017, the Defendant issued a disposition against the Plaintiff on the ground that the instant vehicle was finally closed, and Article 5(1) [Attachment I] [Attachment I] of the former Enforcement Decree of the Trucking Transport Business Act (amended by Presidential Decree No. 27782, Jan. 10, 2017; hereinafter “former Enforcement Decree of the Trucking Transport Business Act”), Article 3(3) and 4(1)4 of the former Enforcement Decree of the Trucking Transport Business Act (amended by Act No. 1436, Apr. 3, 2017).

arrow