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(영문) 수원지방법원 2020.06.05 2020구단668
자동차운전면허취소처분취소
Text

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 September 7, 2018, the Plaintiff was awarded 100 points with the penalty on the ground that he/she was under retaliationed driving.

B. After that, on August 20, 2019, the Plaintiff was driving a BKank-kick on the 18:16th day of the 22-6th day of the 201st day of the 20th day of the Mannam-si, Sungnam-si, and then left the scene without taking any measures, thereby causing the violation of the duty of safe driving, resulting in the occurrence of physical damage, 10 points out of the 15th day of the failure to take measures.

C. On October 8, 2019, the Defendant issued a disposition to revoke the first-class ordinary driver’s license with respect to the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff’s given given given the above penalty points and the total (125 points) points were not less than 121 points per year, which is the criteria for revocation of driver’s license.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a construction site manager and is still in a state of non-permanent position. In light of the fact that the Plaintiff’s driver’s license is essential for re-employment as a construction site manager, the Plaintiff’s economic situation is difficult, and the parent’s thickness should be repaid, and the Plaintiff should not have any economic assistance. Thus, the instant disposition should be revoked because it is too harsh to the Plaintiff that the Plaintiff abused discretion.

B. The issue of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is the subject of the disposition, and the public interest and the subject of the disposition in question.

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