자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 15, 1980, the Plaintiff acquired a Class 1 ordinary driver’s license (B) of the ordinary motor vehicle. On September 19, 2015, the Plaintiff driven a low-speed car car by a sidewalk in front of a restaurant located in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and runs away without taking relief measures, etc., for a traffic accident that causes the injury of the victim boarding a bicycle, waiting for the signal in front of the crosswalk, leading the bicycle to go beyond the crosswalk, leading the victim waiting for the signal in front of the crosswalk.
B. Accordingly, on December 21, 2015, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license by applying Article 93(1)6 of the Road Traffic Act.
C. The Plaintiff filed an administrative appeal on February 25, 2016, but was dismissed on April 12, 2016.
[Reasons for Recognition] The entry in the evidence Nos. 4 and 6 of Eul and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Even if the Plaintiff did not cause the Plaintiff’s accident of shocking the bicycle at the time, and did not recognize it, the Plaintiff did not recognize it. 2) Even if it is recognized that the Plaintiff had escaped without taking relief measures, considering the circumstances of the accident and the degree of damage suffered by the victim, etc., the instant disposition was unlawful in light of the following: (a) it was deemed that the Defendant’s discretion was deviates or abused.
B. According to the overall purport of the Plaintiff’s statements and arguments in the letter Nos. 6, 7, 8, and 13 of the board box Nos. 6, 7, 8, and 13, the victim, who was waiting for the crosswalk signal on the sidewalk, was waiting for the crosswalk signal on the sidewalk, going beyond the road floor, and the witness was told that the Plaintiff was in excess of the bicycle for the Plaintiff to build the bicycle, and the witness was standing the bicycle, but the Plaintiff left the scene without getting out of the vehicle or ascertaining the situation. The victim was the accident of this case.