(영문) 서울행정법원 2008.2.14.선고 2007구단12692 판결

The defendant's driver's license for the plaintiff on August 10, 2007 (Class I large, Class I ordinary, and Class I special ( Leper)) shall be revoked.

Reasons

1. Details of the disposition;

A. On 1987, the Plaintiff acquired Class A driver's license for X. X. 1, X. 191, Class A driver's license for large-scale X. 1, X. 1992, X. 1, and Class A driver's license for private taxi transport business for X. 1995. A driver's license for private taxi transport business for X. X. 195.

B. On August 10, 2007, the Defendant revoked the Plaintiff’s respective driver’s license as of August 18, 2007 on the ground that the Plaintiff committed indecent act by force using a motor vehicle.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 8, 9, and 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

(1) The Plaintiff did not engage in indecent acts by compulsion on the part of the Plaintiff, and even if the Plaintiff was aware that he was a taxi passenger, he did not constitute indecent acts by compulsion on the part of the Plaintiff, on the ground that A’s implied permission was granted.

(2) The Plaintiff is driving a taxi to maintain his livelihood. In addition, when the driver’s license is revoked, the Plaintiff has been driving without any particular accident or violation of laws and regulations, and as an exemplary driver, was given official commendation from the head of 000 head of the Gu and the chief of the police station. Considering the above circumstances, this case’s disposition is too harsh and there is an error of deviation from and abuse of discretion.

(3) Since the first-class driver's license for the first-class driver's license for the first-class driver's license for the first-class driver's license is not related to the first-class driver's license for the first-class driver's license for the first-class driver's license, the revocation by the

(b) Related statutes;

The entry in the attached Form is as specified in the relevant statutes.

C. Determination

(1) Determination as to the assertion of the above A. (1)

갑 제19 , 20호증 , 을 제3호증의 1의 각 기재에 변론 전체의 취지를 종합하면 , 원 고가 2007 . 6 . 9 . 03 : 30경 술에 만취한 A을 승객으로 탑승시킨 상태에서 SM5 개인택시 를 운전하다가 구리시 소재 XXXX 앞 도로에 위 택시를 정차시킨 다음 조수석에서 눈 을 감고 있던 A의 상의 티셔츠 속으로 오른손을 집어넣어 A의 왼쪽가슴을 주무른 사 실 , 그에 대해 A이 " 왜 이러시느냐 " 고 화를 내자 행위를 중단하였던 사실을 인정할 수 있는바 , 원고의 위와 같은 행위는 자동차를 이용하여 형법 제298조에 규정된 강제추행 을 한 행위로서 도로교통법 제93조 제1항 제11호 , 동법 시행규칙 제92조 제2호 나목 소정의 운전면허 취소사유에 해당한다 할 것이므로 , 이를 이유로 한 이 사건 처분은 적법하고 , 원고의 위 주장은 이유 없다 .

(2) Determination as to the assertion of the above A. (2)

According to the proviso of Article 93(1)1 of the Road Traffic Act and Article 92 subparag. 2(b) of the Enforcement Rule of the same Act, when a person commits an indecent act by compulsion by force using a motor vehicle as seen above, the driver’s license should be revoked as necessary, and it is apparent in the law that there is no discretion to choose whether to revoke the license. Thus, the disposition of this case on the ground that the person falls under the requirements of the above Article of the Road Traffic Act, there is no deviation or abuse of discretionary power. Accordingly, the Plaintiff’s above assertion is without merit without need to further examine.

(3) Determination as to the assertion of the above A. (3)

In principle, one person's license is not only to obtain a number of driver's licenses, but also to revoke or suspend it. However, the reason for revocation or suspension is not about a specific license, but about a person who is common to another license or who has obtained a driver's license, the whole driver's license can be revoked or suspended.

First, as to whether the Defendant’s revocation of the Plaintiff’s first-class large license is legitimate, Article 53 of the Enforcement Rule of the Road Traffic Act [Attachment Table 18] provides for passenger cars as a vehicle that can be operated by the first-class large license, the Plaintiff may be deemed to drive a taxi used in the said indecent act as both the first-class ordinary license and the first-class large license. Therefore, it is reasonable to view that the Defendant may also revoke the Plaintiff’s first-class large license when revoking the Plaintiff’s driver’s license on the ground that the Plaintiff committed a criminal act by using the said taxi.

Then, as to whether the defendant's revocation of Class 1 driver's license for the plaintiff is legitimate, Article 53 of the Enforcement Rule of the Road Traffic Act [Attachment 18] provides that "vehicles that can drive with Class 1 driver's license for the first and second class driver's license for the second class driver's license for the first class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class driver's license for the second class.

Therefore, the plaintiff's above assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim seeking the cancellation of the disposition of this case is without merit, and it is decided as per Disposition by the dismissal.

Judges

Judges Kim Jong-chul

Site of separate sheet

Related statutes

[Road Traffic Act]

Article 80 (Driver's Licenses)

(2) The Commissioner of a Local Police Agency shall classify the scope of driver's licenses and manage it based on the types of vehicles that can drive. In this case, the kinds of vehicles that may drive according to the scope of driver's licenses shall be determined by the Ordinance

1. First-Class License:

(a) Large license:

(b) A ordinary license;

(d) Special licenses:

2. Class II drivers' licenses:

(a) A ordinary driver's license;

(b) Small licenses:

3. Student licenses:

(a) Class I ordinary student licenses;

(b) Class II ordinary student licenses.

(5) A person who intends to drive a commercial motor vehicle under the Passenger Transport Service Act or the Trucking Transport Business Act shall obtain a Class I driver's license for the relevant commercial motor vehicle; hereinafter the same shall apply.

Article 93 (Cancellation and Suspension of Driver's License)

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any one of the following subparagraphs, the Commissioner of the Local Police Agency may revoke the driver's license or suspend the validity of the driver's license within the extent of one year according to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs: Provided, That when the person falls under subparagraphs 2 and 3, 6 through 8 (excluding cases where the regular aptitude test period has elapsed), 11, 13, 15, 16 or 17, the driver's license shall be revoked:

11. When a person with a driver's license commits any criminal act prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs, such as murder or rape;

[Enforcement Rule of the Road Traffic Act]

Article 53 (Types of Motor Vehicles, etc. that can be Driving with Driver's License)

The kinds of motor vehicles, etc. that can be driven by a person who has obtained a driver's license pursuant to Article 80 (2) of the Act shall be listed in attached Table 18

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

The criminal act prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs as a reason for revocation of driver's license under Article 93 (1) 11 of the Act shall be the time when a person commits any of the following crimes by using his/her motor vehicle

1. A crime that violates the National Security Act;

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

(a) homicide, abandonment of the body, or fire prevention;

(d) Habitual theft (limited to the case of transporting stolen objects);

(e) Traffic obstruction (limited to cases where an organization belongs to or it obstructs transportation among many persons);

[Attachment 18] Types of Vehicles that can be Driving (Related to Article 53)

A person shall be appointed.

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