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(영문) 광주지방법원 2015.12.03 2014구단970
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 March 5, 1989, the Plaintiff acquired a Class 1 ordinary driver’s license.

B. On April 24, 2014, the Plaintiff was imposed 30 points with the penalty points given that it caused a traffic accident requiring at least three weeks of medical treatment due to shock of pedestrians while driving the Oralba in violation of the signal while driving the Oralba on April 10:05 (hereinafter “the instant Oralba accident”), resulting in a traffic accident requiring at least three weeks of medical treatment.

6. 23:04 At around 15.23:04, while driving a motor vehicle under the influence of alcohol level of 0.063%, the motor vehicle was discovered and its marks have been given 100 points.

C. On July 5, 2015, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license on July 27, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff’s calculation marks exceeded the criteria for revocation (121 points) for the last one year.

In response, the plaintiff filed an administrative appeal on October 6, 2014, but the Central Administrative Appeals Commission dismissed it on November 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8 (including each number if there are separate numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the accident of the plaintiff's assertion, pedestrian walked on the crosswalk in violation of the signal and the part of the bridge is faced with the front wheels of the plaintiff's Oba.

The plaintiff did not attempt to turn to the left at the time and did not cause a traffic accident while proceeding in violation of the signal.

Therefore, given 30 points for the violation of the signal, 30 points are imposed mistakenly.

Even if not, the cancellation of the plaintiff's driver's license that is maintained by driving is an illegal disposition that deviates from discretion and is illegal.

B. (i) On April 24, 2014, the Plaintiff caused a traffic accident due to the Plaintiff’s violation of the Plaintiff’s signal, is driving a B Oralba around 09:55, and is in the enclosed-dong of the Gwangju Northern-gu.

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