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(영문) 부산지방법원 2017.04.26 2016구단1329
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 August 29, 2016, at around 22:35, the Plaintiff: (a) while driving a C vehicle on the street in front of the Busan Jin-gu B intersection; (b) caused a traffic accident involving the victim, who is a driver, and went away from the site of the accident without performing his/her duty of rescue measures, etc.; and (c) went away from the site

(hereinafter “instant illegal act”). B.

On October 14, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 common) pursuant to Article 93(1)6 of the Road Traffic Act on the ground of the instant illegal act (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on December 13, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 17, 2017.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 5 (including virtual number), the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. In light of the following, the Plaintiff’s assertion that the Plaintiff’s driving is an important means of livelihood and is in a position to support his/her family through this, and that it is difficult for the Plaintiff to smoothly agree with the victim, and that it is difficult for him/her to undertake family circumstances, the instant disposition is unlawful as it is an abuse of discretionary power by excessively harshly

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the contents of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with such disposition. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal rules for administrative affairs of the administrative agency

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