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Reasons
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(영문) 제주지방법원 2015.11.18 2014구합605
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. The plaintiff is a person who obtained a Class I ordinary driver's license on July 27, 1985.

B. On August 11, 2014, the Defendant rendered a disposition to revoke the above driver’s license as of August 18, 2014 on the ground that the Plaintiff used a motor vehicle to force indecent act by force on the disabled on March 21, 2014 (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on September 1, 2014, but was dismissed on October 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff did not commit a sexual indecent act B using a motor vehicle, the Defendant’s disposition of this case was made even before the suspected suspicion of the Plaintiff was proved while the Defendant was investigated by an investigation agency. This is illegal as a deviation or abuse of discretionary power.

(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 subparagraphs, 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. When a person who has obtained a driver's license commits a crime prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs such as murder or rape by using a motor vehicle, etc., a crime that is prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs as a reason for revocation of a driver's license under Article 92 (1) 11 of the Enforcement Rule of

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