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(영문) 부산지방법원 2017.06.21 2015구단756

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 November 14, 2014, the Plaintiff, while driving a private taxi in B and driving a permanent high school located in the central Dong of Jung-gu, Busan at the wharf to the permanent floor of the tunnel, caused a traffic accident involving the victim facing another vehicle and causing the death of the victim (hereinafter “the instant accident”), and went away from the site of the accident without fulfilling its obligations such as relief measures or reporting measures.

B. Accordingly, on March 17, 2015, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 ordinary) pursuant to Article 93(1)6 of the Road Traffic Act (hereinafter “instant disposition”).

C. Although the Defendant filed an administrative appeal against it, the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on July 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 15, 24, 26, Eul evidence Nos. 1 and 5 (if any, including the number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff thought that scatterings caused by the traffic accident of another vehicle at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of driving, and did not escape without taking any relief measures, even though he knew that the person used on the road shocks with the plaintiff's vehicle. Therefore, the disposition of this case on the premise that the plaintiff is a flight driver at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at issue is unlawful.

B. In a judgment 1 administrative litigation, a criminal trial shall be initiated.