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(영문) 서울행정법원 2011.01.13 2009구단5605
자동차운전면허취소처분취소
Text

1. The defendant's revocation of the license made against the plaintiff on November 10, 2008 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 19, 2008, from around 20:40 to 22:00, the Plaintiff attended a bridge demonstration held by the National Emergency Measures Committee against the Import and Co., Ltd. of U.S. beef from 20:0 to 10:00, the Plaintiff obstructed the traffic of ordinary vehicles passing through the Cheongdo by using an emergency 1,80 - 3---- 3 of the Cheongdo-ro 3 of the Cheongdo-ro, Cheongdo-ro 1,00 the Cheongdo-ro 3 of the Cheongdo-ro 1,00 the Cheongdo-ro 1,800 the Cheongdo-ro 1,00 the Cheongdo-ro 1st way in the direction of the ro-ri, while proceeding along the ro-ri, following a warning.

B. Accordingly, on November 10, 2008, the defendant revoked the driver's license in accordance with the provisions of Article 93 (1) 11 of the Road Traffic Act, Article 91 (1) [Attachment Table 28] 2-13 of the Enforcement Rule of the Road Traffic Act, and subparagraph 2 (e) of Article 92 of the Enforcement Rule of the Road Traffic Act on the ground that he committed a crime of interference with general traffic by using a motor vehicle against the plaintiff.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 5, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion does not intentionally participate in the demonstration, but the instant disposition is unlawful, since it was not an organization belonging to the organization or a large number of people, and it did not interfere with transportation on the part of the organization while operating the vehicle in line with the flow of the vehicle.

(b) 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 of the following cases, the commissioner of a district police agency may revoke the driver's license or suspend the validity thereof for a period not exceeding one year according to the standards prescribed by Ordinance of the Ministry of Public Administration and Security:

Provided, That when a regular aptitude test falls under subparagraphs 2, 3, 6 through 8 (excluding cases where the regular aptitude test term expires), 11, 13, 15, 16 or 17, the driver's license shall be revoked.

11. A person who has obtained a driver's license.

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