2017Gudan50260 Revocation of revocation of driver's license

A

The Commissioner of Incheon Local Police Agency

April 18, 2017

June 13, 2017

1. The plaintiff's claim is dismissed.

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

On February 2, 2017, the defendant revoked the revocation of the driver's license for the plaintiff.

1. Details of the disposition;

A. On August 9, 198, the Plaintiff acquired a Class II driver’s license for a motorcycle, Class II driver’s license on February 15, 1996, Class I driver’s license for a Class II driver’s license on February 15, 2008, and Class I driver’s license for a Class I driver’s license on June 1, 2008. On December 23, 2016, the Plaintiff issued the instant disposition revoking all of the above Plaintiff’s license pursuant to Article 93(1)16 of the Road Traffic Act on February 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 10 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The legality of the instant disposition

A. The plaintiff's assertion

On December 15, 2016, the Plaintiff received the instant car from the company. In light of all the circumstances, the Plaintiff did not know that the period of temporary operation permission has expired, and did not know that the instant car owner requested the company, which is the owner of the said car, to make a full registration prior to the expiration of the temporary operation permission period, and made every effort to fulfill his duty of care, such as requesting the company, which is the owner of the said car, to do so. The Plaintiff did not have any history of violating laws and regulations other than those controlled once by the prohibition of use of mobile phones during the 14-year driving period, and the Plaintiff was serving as a bus driver, and thus making it impossible to maintain livelihood with the instant disposition, the instant disposition was excessively harsh to the Plaintiff, thereby

B. Relevant statutes

Road Traffic Act

Article 93 (Cancellation and Suspension of Driver's License)

(1) 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 Local Police Agency may revoke the driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) or suspend the validity of the driver's license within the extent not exceeding one year according to the standards determined by Ordinance of the Ministry of the Interior: Provided, That in cases falling under subparagraphs 2, 3, 7 through 9 (excluding cases where the period of regular aptitude test has elapsed), 12, 14, 16 through 18,

16. Where a person drives a motor vehicle (excluding two-wheeled motor vehicles) not registered pursuant to the Motor Vehicle Management Act or permitted for temporary operation;

Automobile Management Act

No motor vehicle (excluding two-wheeled motor vehicles; hereafter the same shall apply to the provisions of this Article through Article 47) shall be operated unless it is registered in the motor vehicle register (hereinafter referred to as "register"): Provided, That this shall not apply where it is operated within the permitted period with temporary operation permission obtained under Article 27 (1).

Article 27 (Permission of Temporary Operation)

(1) A person who intends to operate a motor vehicle temporarily without registering his/her motor vehicle shall be prescribed by Presidential Decree.

The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall obtain a temporary operation permission (hereinafter referred to as "temporary operation permission"): Provided, That a person who intends to operate an autonomous vehicle for the purpose of testing and research shall obtain a temporary operation permission from the Minister of Land, Infrastructure and Transport by satisfying safety transport requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in relation to matters subject to permission, such as the termination of order and warning requisition

(2) Upon receipt of an application for temporary operation permission, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall grant permission and issue a temporary operation permission and a temporary operation permission number plate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the period of temporary operation permission is determined for the purpose of export and the applicant makes a request for one day, and it is deemed necessary to operate without attaching a temporary operation permission number plate,

An automobile to which a temporary operation permit is granted shall be operated within the extent of the purpose and period of permission, by attaching a temporary operation permission and a temporary operation permission number plate (excluding the case of the proviso to paragraph (2)).

(4) Where the period under paragraph (3) expires, a person who has obtained temporary operation permission shall return a temporary operation permission and a temporary operation permission number plate within the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

In full view of the provisions of the proviso of Article 93(1) and Article 16 of the Road Traffic Act, Articles 5 and 27 of the Automobile Management Act, an unregistered motor vehicle shall not be operated in principle. However, since a temporary operation permit is granted, if a motor vehicle is operated temporarily within the permitted period, it falls under Article 93(1)16 of the Road Traffic Act, and the proviso of Article 93(1) of the Road Traffic Act provides that a driver's license shall be revoked if it falls under subparagraph 16 of the same Article, the commissioner of the competent district police agency has no discretion to decide whether to revoke the driver's license.

Therefore, the Plaintiff’s assertion based on the premise that the instant disposition is legitimate and that the discretion to decide whether to revoke the Plaintiff’s driver’s license is the Defendant is without merit.

[On the other hand, even if the Plaintiff did not know that the period of temporary operation permission has expired, sanctions against violation of administrative laws are imposed based on the objective fact, which is the violation of administrative laws, to achieve administrative purposes, and thus, barring special circumstances, such as where there is a justifiable reason not to cause any negligence on the part of the offender, it may be imposed even on the violator, unless there is any intention or negligence (see Supreme Court Decision 2003; 20025177, Sept. 2, 200), and the circumstance asserted by the Plaintiff alone does not constitute a case where the aforementioned justifiable reason exists).

3. Conclusion

Therefore, the claim of this case is dismissed, and it is so decided as per Disposition.

Judges Sickjin