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(영문) 수원지방법원 2015.05.06 2015구단473
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. The Plaintiff, while driving a car on May 13, 2014, was given the highest point of 30 points as the median line, and was given the highest point of 30 points on September 24, 2014. On September 24, 2014, at a bus stops adjacent to the Korean National Agricultural and Fisheries University, which is located in the dong-si, Seosung-si, Seosung-si, Seosung-si, and operated B urban bus on September 24, 2014, while driving other urban bus, caused serious three and ten personal damage and physical damage to 10 others, and 105 points with the highest point of 105 points (45 points of middle and 10 points of light and 50 points of light) for one year.

B. On October 28, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class large vehicle and first-class ordinary vehicle driver’s license (license number: C) on November 24, 2014 by applying Article 93(2) of the Road Traffic Act, on the ground that the accumulated points of the Plaintiff’s calculation of the penalty points for one year constitute at least 121 points, which are the criteria for revocation of the accumulated points of penalty points for one year as 135 points.

[Ground of recognition] Evidence Nos. 1, No. 1 to 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the various circumstances such as the Plaintiff’s assertion that the Plaintiff is a bus driver requires an occupational driver’s driver’s license, and the Plaintiff has been making an exemplary driver, and that it is against the depth of the instant traffic accident, the instant disposition is unlawful as it deviates from and abused the discretionary authority.

B. In light of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, even if the Plaintiff considered various circumstances, the need for public interest to be achieved through the instant disposition cannot be deemed to be less than the disadvantages the Plaintiff would incur, and thus, it cannot be deemed that there was an error of deviation from or abuse of discretion in the instant disposition.

Today, car driving licenses are issued in large quantities, resulting in traffic congestion.

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