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 February 8, 2018, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class I large vehicles) based on Article 93(1)6 of the Road Traffic Act, on the ground that “The Plaintiff was driving a C Eccoo vehicle on the front side of the B apartment in Asia-si, Busan (hereinafter “instant traffic accident”) and caused a traffic accident of one ordinary person (hereinafter “instant traffic accident”), and did not perform on-site relief measures or duty to report,” against the Plaintiff.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on April 24, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 12, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) The non-existence of the disposition ground of this case asked the victim's security at the time of the traffic accident of this case and return to the scene after leaving the site at the time of the accident. D's personal information was delivered to the plaintiff. Since the plaintiff does not intentionally leave the scene of the accident, it was illegal to make the disposition of this case based on Article 93 (1) 6 of the Road Traffic Act, since the plaintiff could be aware of the person who suffered the accident, the plaintiff's abuse of discretion did not agree with the victim of the traffic accident. The plaintiff was a dump truck driver's flap truck driver's flap truck's flasing of the old and living alone, and thus the driver's license is absolutely necessary, the disposition of this case of this case is unlawful by abusing discretion because it is excessively harsh to the plaintiff.
(b) Determination 1) Where a person is killed or injured or goods are destroyed or damaged by traffic, such as driving of a motor vehicle, etc., the driver and other crew members of the motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing assistance to casualties (Article 54(1) of the Road Traffic Act), and a person who has obtained a driver's license.