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(영문) 광주고등법원(제주) 2016.10.19 2016누1068
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. The defendant's judgment on the main safety resistance is that since the plaintiff newly acquired the Class I driver's license on September 7, 2015 according to the special reduction and exemption measures for the offender of the Road Traffic Act after the driver's license was revoked by the instant disposition, the plaintiff has no interest in legal action against the instant disposition.

In a case where a punitive administrative disposition becomes effective due to the lapse of the period of sanctions prescribed in the relevant disposition, but the disposition is subject to a punitive administrative disposition in the form of the Enforcement Rule, which is a Ministerial Ordinance, (hereinafter referred to as “prior administrative disposition”) as a ground or premise for the aggravation of the disposition, and the future punitive administrative disposition (hereinafter referred to as “after action”) is prescribed as a condition for the aggravation of the disposition, if there is a practical concern that the prior administrative disposition may be subject to the subsequent administrative disposition under the conditions or condition for aggravation of the aggravated disposition, the other party subject to the prior administrative disposition has expired even though

Even if the need for the protection of rights to remove such disadvantage through a revocation suit is recognized, it shall be deemed that there is a legal interest to seek the revocation of the preceding disposition.

(see, e.g., Supreme Court Decision 2006Du13312, Jan. 11, 2007). In this case, following the instant disposition, the disqualified period for one year against the Plaintiff was cancelled according to the special reduction or exemption measure against the offender of the Road Traffic Act, which was closed on August 14, 2015, and accordingly, the Plaintiff newly acquired a Class 1 driver’s license again on September 7, 2015.

However, the Road Traffic Act, which provides the criteria for the revocation of driver's license.

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