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(영문) 서울행정법원 2015.09.04 2015구단11748
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 24, 2014, the subject disposition Plaintiff, as a traffic accident (personal damage: one square meter) violating the duty of safe driving (personal damage: one square meter) on September 18, 2014, given the given point of 15 points and 35 points as a traffic accident (personal damage: one square meter) on September 18, 2014, 45 points and points as a median traffic accident (personal damage: one personal damage) on April 3, 2015, 30 points and points as a mark of 30 points due to the central course traffic accident (one personal damage) on April 3, 2015.

On April 27, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (B, Class 1 common) on May 28, 2015 on the ground that the Plaintiff’s total sum points of points for one year (i.e., the above 15 points and 35 points and 45 points and 30 points) exceeds 121 points, which are the criteria for revocation of the driver’s license, pursuant to Article 93(2) of the Road Traffic Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, Gap’s 1-7 evidence, Eul’s 1-9 evidence, the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The instant disposition is unlawful in light of the following: (a) the Plaintiff’s assertion is difficult to the Plaintiff’s living condition; (b) the Plaintiff’s driver’s license is essential for the maintenance of livelihood; (c) the Plaintiff has been exemplary driving; and (d) the government plans to take a special amnesty against those who live in the livelihood.

B. Article 93(2) of the Road Traffic Act, Article 91(1) [Attachment Table 28] of the Enforcement Rule of the same Act provides that the driver’s license shall be revoked in cases where the total sum of points exceeds 121 points for one year.

The instant disposition conforms to the above disposition standards.

Today, since automobile has become a popular means of transportation, and accordingly many driver's licenses are issued in large quantities, and traffic accidents occur frequently and there are many cases where the results are harsh, it is necessary for public interest to prevent traffic accidents and traffic accidents.

Considering the above needs for public interest, the above disposition standards per se do not conform with the Constitution or laws or the result of the application of such standards is the content of the act of violation and the relevant laws and regulations.

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