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(영문) 대법원 2015.07.23 2013두23164
운전면허취소처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below held that the disposition of this case was unlawful since it exceeded the plaintiff in light of the public interest to be achieved thereby, and furthermore, Article 93 (1) 11 of the Road Traffic Act provides that the revocation or suspension of a driver's license may be granted at the discretion of the defendant, and Article 91 (1) [Attachment 28] of the Enforcement Rule of the same Act provides that the driver's license shall be revoked in the case of confinement by using a motor vehicle, and it cannot be said that the driver's license of the plaintiff should be revoked without room for discretion.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there is no error of law by misapprehending the legal doctrine

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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