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(영문) 부산지방법원 2015.04.29 2015구단145
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 January 31, 2001, the Plaintiff acquired Class 2 ordinary driving licenses, Class 1 driver’s license on October 21, 2004, Class 1 driver’s license on November 4, 2004, and Class 1 driver’s license on November 4, 2004.

B. On June 27, 2014, the Plaintiff received additional 40 points on the ground that the total sum of 40 points with 110 points with 110 points with 30 points with 40 points with 10 points with 40 points with 30 points with points with respect to the violation of the central line line, and 40 points with respect to non-compliance with the summary judgment (payment of penalty) on July 31, 2014 and September 15, 2014, while failing to comply with the summary judgment again on September 28, 2014.

C. Accordingly, on October 7, 2014, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license (Class 1 large, Class 1 special, Class 2 ordinary) as of November 16, 2014 on the ground that the Plaintiff’s accumulated score for one year exceeds 150 points, which is the standard for revoking the driver’s license.

On October 21, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on January 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion had no significant violation of laws and regulations, including drinking driving, etc. since the Plaintiff acquired the Plaintiff’s driver’s license, that all penalties were paid before filing the instant lawsuit, that the instant disposition causes many difficulties in business due to the Plaintiff’s failure to drive a vehicle in the company, and that the individual rehabilitation procedures are currently in progress and economically difficult, the instant disposition is unlawful as it is an abuse of discretionary power by excessively harshly treating the Plaintiff.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1 is the reason for disposition whether or not a punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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