208Guhap938 The revocation of revocation of an application for a driver's license test.

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The Director of Gangwon's License Test Station

February 29, 2008

March 28, 2008

1. The defendant's refusal to accept an application for a driver's license test against the plaintiff on October 24, 2007 shall be revoked.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. The Plaintiff obtained a Class 1 ordinary driving license on May 17, 1999, but did not undergo the regular aptitude test during the period of the regular aptitude test until August 16, 2006.

나 . 경기지방경찰청장은 2007 . 6 . 4 . 원고에 대하여 자동차운전면허를 2007 . 8 . 16 . 까 지의 적성검사 미필을 조건으로 하여 취소하였고 , 2007 . 6 . 13 . 위 자동차운전면허의 취소처분을 원고의 주민등록상의 주소인 고양시 일산구 XX동 XXXX - X , 203호에 등기 우편으로 통지한 것이 수취인 불명으로 반송되자 , 2007 . 6 . 20 . 위 자동차운전면허의 취소처분사실을 공고하였다 .

C. The Plaintiff, without undergoing the regular aptitude test by August 16, 2007, was under the influence of driving a vehicle on the road in front of the Jinsle, which is located in the Jinsle, on September 28, 2007 when he was unaware of the fact that his driver’s license was taken as above, and was under the control of driving without a license.

D. On October 24, 2007, the Plaintiff submitted an application to the Defendant for a driver’s license test for a motor vehicle, but the Defendant rendered the instant disposition rejecting the Plaintiff’s application on the ground that the period of restriction on application for a driver’s license under Article 82(2) subparag. 1 of the Road Traffic Act has not expired as the Plaintiff did not undergo a regular aptitude test and thus, the Plaintiff was driving without a license under the revocation of a driver’s license.

【Uncontentious facts, Gap’s evidence 1 through 3, Eul’s evidence 1-1, 2, and Eul’s evidence 2

2. Determination on this safety defense

A. The defendant is bound to refuse the receipt of the above application because the applicant has no reason for disqualification for driver's license under Article 82 of the Road Traffic Act, and the defendant is determined based on computerized data managed by the commissioner of each district police agency, who is the disposition authority of driver's license, as to whether the applicant has the above reason for disqualification for driver's license under Article 82 of the Road Traffic Act. As such, the defendant's lawsuit against the defendant who is not authorized to manage the above computerized data or dispose of driver's license, is erroneous designation of the defendant and thus must be dismissed.

B. However, the plaintiff's claim of this case does not seek correction for the reason that the management of computerized data on disqualified persons for driver's license or disposition of driver's license by the Commissioner of the Gyeonggi Provincial Police Agency is illegal, but seeks revocation of the defendant's rejection disposition of application for driver's license test conducted by the defendant. Thus, the defendant's above assertion is without merit.

3. Judgment on the merits

A. The plaintiff's assertion

(1) As the Plaintiff did not know of the disposition of revocation of the said driver’s license that was notified to the Plaintiff’s domicile as the Plaintiff’s resident registration address due to the relationship that the Plaintiff was living in a non-resident on the ground of business, the Plaintiff’s act of driving without a license does not constitute a non-driving.

(2) Even if a driver’s license is revoked on the ground that the driver’s license was not revoked on the ground that the driver’s license did not undergo the regular aptitude test, in light of the provisions governing the regular aptitude test and the purport of the regular aptitude test, the Defendant’s disposition rejecting the Plaintiff’s application of Article 82(2)1 of the Road Traffic Act by deeming the Plaintiff as a disqualified person for the driver’s license is unlawful.

(b) Relevant statutes;

As shown in the attached Form.

C. Determination

(1) First of all, the provisions of Article 82 (2) 1 of the Road Traffic Act provides that a person who obtains a Class 1 driver's license shall undergo a regular aptitude test within the period of the regular aptitude test as classified in each of the following subparagraphs, and the first regular aptitude test under subparagraph 1 shall be within 7 years (5 years for a person aged 65 years or older) counting from the date on which he/she passes the driver's license examination, and the first regular aptitude test under subparagraph 2 shall be exempted from the first regular test under subparagraph 7 (5 years for a person aged 65 years or older) under subparagraph 3 (5 years for a person aged 65 years or older) under subparagraph 1 of Article 82 (1) of the Road Traffic Act, or from the date on which he/she fails to obtain a new driver's license under subparagraph 1 or 5 of Article 82 (2) of the Road Traffic Act for the reason that he/she again fails to obtain a new driver's license under subparagraph 1 or 5 of the same Article.

(2) In light of the following circumstances acknowledged in light of the aforementioned provisions and the purport of the aptitude test system, i.e., where a driver’s license is revoked due to a failure to undergo a regular aptitude test, the aptitude test system does not seem to be grounds for disqualification for the driver’s license; the basic purpose of the aptitude test system is to review the eligibility for driving; the failure to undergo an aptitude test is a mere side-based reason that may occur relatively easily; the re-issuance of a driver’s license revoked due to a failure to undergo an aptitude test is exempted from skills, statutes, and inspection; if a driver applies for a new license after a license is revoked due to a failure to undergo an aptitude test, it would be difficult to obtain a license without a limit of the period; and if a driver applies for a new license after a revocation on the ground that he/she was unable to obtain a new license for two years on the ground that the driver’s license was revoked on the ground that he/she was not aware of the fact that the license was revoked, and such revocation is deemed to have been publicly announced as a period of eight (198).

(3) On the other hand, Article 82 (2) of the Road Traffic Act provides that a person who falls under any of the following subparagraphs shall not obtain a driver's license unless the period as provided in the corresponding subparagraph has lapsed, and Article 82 (2) of the Road Traffic Act provides that "in the case of operating a motor vehicle, etc. in violation of the provisions of Article 43 or 96 (3), two years from the date of the violation," and that "in the case of cancelling a driver's license due to the suspension of the validity, the date of the cancellation," and subparagraph 7 of the same provision provides that "in the case of suspension of the validity of a driver's license prior to driving, the period of suspension."

(4) However, examining the system of Article 82 (2) 1 of the Road Traffic Act, the exceptional cases are generally stipulated for driving without a license in violation of Article 43 of the Road Traffic Act. In the case of driving without a license during the period in which the validity of the license is suspended, the overall provision provides that driving without a license shall not be subject to disqualification for two years, unlike pureless driving under Article 43 of the Road Traffic Act, regardless of the case where the driver's license is revoked. If such interpretation is not made, the competent authority recognizes the driver during the period in which the validity of the driver's license is suspended as a person subject to disqualification for the driver's license for two years thereafter. Furthermore, if the driver's license is revoked on the ground of this, it is recognized as a person subject to disqualification for the driver's license for two years thereafter, and eventually, it would result in an unreasonable long-term occurrence.

(5) Therefore, with respect to a person who drives a vehicle during the period in which the driver's license is suspended, the period of suspension or the period in which the driver's license is revoked shall be set aside, and the period in which the driver's license is restricted shall not be applied for two years. Thus, the defendant's disposition of this case based on the premise that the driver's act of driving on the ground in which the driver's license is revoked is subject to Article 82 (2) 1 of the Road Traffic Act which provides for the period in which the driver's license is revoked without

4. Conclusion

Thus, the plaintiff's claim of this case is justified and it is decided as per the disposition by admitting it.

Judges Lee Dong-gu

Judge Lee Jin-soo

Level of judge

Related Acts and subordinate statutes

[Road Traffic Act]

Article 43 (Prohibition on Driving Motor Vehicles without License, etc.)

No person shall drive a motor vehicle, etc. without obtaining a driver’s license from the Commissioner of the Local Police Agency under Article 80, or with the validity suspended.

Article 82 (Disqualifications for Driver's License)

(2) Any person who falls under any of the following subparagraphs shall drive a motor vehicle unless the period prescribed in the relevant subparagraphs elapses:

No license shall be granted. In such cases, in the case of subparagraphs 1 through 4, the punishment of a fine or heavier punishment (including the suspension of execution)

person who has been sentenced only to such person.

1. When a person drives a motor vehicle, etc. in violation of Article 43 or 96 (3) (the driver's license is granted);

2 years from the date of cancellation (the date of cancellation in cases where the cancellation is made due to the driving during the period in which the validity is suspended).

6 months in case where he intends to obtain a previous residency license: Provided, That the provisions of Article 54 (1) and (2) shall be applied after he kills or injures a person.

Where a violation is committed, five years from the date of such violation.

6. When the driver's license is revoked for reasons other than those under subparagraphs 1 through 5, the driver's license shall be revoked.

One year from the date of becoming a driver's license (six months in cases where he/she intends to obtain a driver's license): Provided, That he/she shall not take an aptitude test.

A person whose driver's license has been revoked because he/she fails to renew his/her driver's license or obtain a Class I driver's license.

When a person intends to obtain a second-class driver's license after he/she has failed this aptitude test, this shall not apply.

7. When he is subject to a disposition suspending the validity of a driver's license, the relevant disposition period of suspending;

Article 84 (Exemption from Driver's License Tests)

(1) Anyone falling under any of the following subparagraphs shall be eligible for a driver's license test as prescribed by Presidential Decree:

. Partial exemption.

5. Driver's license under Article 87 (3) without undergoing the aptitude test under paragraph (1) of the same Article;

A person who intends to obtain a license again after the driver's license is revoked due to his/her failure to renew;

Article 87 (Regular Aptitude Tests and Renewal of Drivers' Licenses)

(1) Any person who has obtained a Class I driver's license shall set the conditions prescribed by Presidential Decree within the regular aptitude test period according to the following classifications:

shall undergo a regular aptitude test conducted by the head of the agency for the driver's license test.

1. The first regular aptitude test: The day on which he has passed the driver's license test under the provisions of Article 83 (1) or (2); and

Until three months from the date seven years have elapsed (five years for a person who is 65 years or older) counting from the base;

2. The period of a regular aptitude test, other than that referred to in subparagraph 1, shall be seven years counting from the date on which the immediately preceding regular aptitude test begins.

A merchant shall be within three months from the date on which he/she becomes a merchant (five years);

(2) The Commissioner of Local Police Agency shall renew a driver's license for any person who has passed the regular aptitude test under paragraph (1).

shall be delivered.

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

(1) A commissioner of a district police agency shall ensure that a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls

When it falls under any one of the provisions of the Ordinance of the Ministry of Government Administration and Home Affairs, the driver's license shall be revoked or

to the extent that the driver's license may be suspended. Provided, That subparagraphs 2, 3, and 6 through 8 (scheduledly) shall not apply.

When the period of sex inspection expires (excluding when the period of sex inspection expires), 11, 13, 15, 16 or 17 is applicable;

shall revoke the driver's license.

8. Failure to take the aptitude test under the provisions of Article 87 (1) or 88 (1) or the non-conforming to the said aptitude test;

2.2 If the action is brought

(4) The commissioner of a district police agency shall intend to take disposition to revoke or suspend a driver's license pursuant to paragraphs (1) and (2).

If it is intended to revoke the student license pursuant to the provisions of paragraph (3), the Minister of Government Administration and Home Affairs shall determine it.

the parties to the disposition shall be notified in advance of the contents of the disposition and the time limit for presenting their opinions, and

When the disposition is made, the reason for the disposition and the administrative appeal may be filed under the Ordinance of the Ministry of Government Administration and Home Affairs.

Notice of the frequency, etc. shall be given: Provided, That an aptitude test provided for in the provisions of Article 87 (1) or 88 (1) shall be taken.

The revocation of a driver's license on the grounds that the driver's license is not renewed under Article 87 (3).

When intending to suspend or suspend the aptitude test, the person who is subject to the disposition shall also take the test.

driver's license without receiving an aptitude test or a renewal thereof not later than the expiry date of the date on which the renewed license may be granted.

The cancellation or suspension may be substituted by a conditional notice of fact in lieu of a prior and subsequent notice of disposition.

[Enforcement Decree of the Road Traffic Act]

Article 51 (Criteria for Partial Exemption from Driver's License Tests)

Matters concerning partial exemption from driver's license tests under Article 84 (1) of the Act shall be as specified in attached Table 3.

[Attachment 3] Classification of Part of Driver's License Test (Related to Article 51)

A person shall be appointed.