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(영문) 대전지방법원 2017.08.29 2016구단100524
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 December 30, 2015, at around 02:53, the Plaintiff caused a traffic accident resulting from a traffic signal violation from the traffic triangulation distance located in the Daejeon Seodong-gu, Daejeon, Daejeon, and caused personal damage (one death, five middle, five middle, and one middle).

B. Accordingly, on April 5, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s automatic driver’s license (class 1 common and class 2 common) on the ground that the given point exceeds 121 points, which is the standard for revoking the driver’s license, by imposing the given point of 185 (the given point of 15, 90, 50, 75, 75, 1, and 5, 1, 2000, 2000, 200).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the disposition of this case is unlawful because it is too harsh than the plaintiff's violation, and it deviates from and abused discretion, considering the fact that the plaintiff has maintained his livelihood while running a private taxi business for not less than 30 years, not less than 16 years prior to the traffic accident of this case, and where the driver's license of this case is revoked, it is impossible to maintain the livelihood of his family.

B. In certain cases where the revocation of the driver's license for driving motor vehicles on the ground of exceeding the given points is discretionary action by an administrative agency, even if the driver's license for driving motor vehicles is issued in large quantity, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and in particular, traffic accidents caused by traffic offense are frequent and the result is harsh, the need for public interest to prevent traffic accidents caused by traffic offense is very great. In addition, revocation of the driver's license for driving motor vehicles on the ground of exceeding given points due to traffic offense, etc., the ordinary beneficial benefits are required.

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