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Reasons
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(영문) 광주지방법원 2015.10.08 2015구단10486
자동차운전면허취소처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 7, 1992, the Plaintiff's ordinary driving license No. 1, 1992, the Plaintiff's large driving license No. 14 January 14, 1994, and the same year.

4. 28. Class II driver's license for small vehicles, and the same year;

7.6. Class 1 driver's license was each acquired.

B. On January 5, 2015, at around 18:00, the Plaintiff driven an unregistered cargo vehicle (hereinafter “instant unregistered vehicle”) that remodeled the exhaustr on the front of the platform B in Namyang-gun, Namyang-gun (hereinafter “instant unregistered vehicle”).

C. The Plaintiff, while driving the instant unregistered vehicle and driving the instant unregistered vehicle in the direction of the Jyang-Eup, was driving the said road in the direction of the Jyang-Eup, and was driving the D 1 ton of freight driving D in the direction of the Jyang-Eup, and was driving the instant unregistered vehicle in the back of the instant unregistered vehicle and sustained injury to passengers of the said 1 ton of the instant unregistered vehicle in need of medical treatment for six weeks, two weeks, two weeks, and two weeks.

(hereinafter “instant traffic accident”). D.

On March 16, 2015, the Defendant applied Article 93(1)16 of the Road Traffic Act to revoke the Plaintiff’s driver’s license on April 5, 2015 (hereinafter “instant disposition”).

E. The Plaintiff filed an administrative appeal against the Defendant’s instant disposition, but the said claim was dismissed by the Central Administrative Appeals Commission on May 12, 2015.

F. Meanwhile, the Plaintiff received a summary order of KRW 1,00,000 from the Gwangju District Court on March 19, 2015 (No. 2015 High Court Decision 2801) and the said summary order became final and conclusive around that time.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 4, Eul 1 through 5 (including each number for which there is a provisional number), the purport of the whole pleadings and arguments

2. Whether the disposition of this case is unlawful

A. The Plaintiff’s assertion that the unregistered vehicle of this case is a punishment tree business entity.

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