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 April 6, 2016, the Defendant revoked the Plaintiff’s Class 1 ordinary and Class 2 ordinary driving license in accordance with Article 93(1)6 of the Road Traffic Act on the ground that “The Plaintiff, while driving a B vehicle around 12:20 on February 22, 2016, caused a traffic accident by one winner of the light (hereinafter “instant accident”) and did not perform on-site relief measures or duty to report.”
(hereinafter “instant disposition”). (b)
On April 20, 2016, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request on May 4, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition did not cause injury to the victim due to the instant accident, and did not recognize that the victim suffered injury, and it was not necessarily necessary to take relief measures against the victim. Therefore, the Plaintiff cannot be deemed to have failed to perform its duty to take relief measures. 2) The instant disposition revoking the Plaintiff’s license even though the non-existence of the grounds for disposition did not constitute the grounds for revocation of the necessary driver’s license, is unlawful, going beyond the bounds of the discretionary authority
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1) The following facts are acknowledged in full view of the statements in the evidence Nos. 4, 7, and 8 of the facts recognized as follows. A) The Plaintiff, at the time of the instant accident, went to the right left from the front of the C apartment at the distance of the intention of the city of Chuncheon to the front of the Plaintiff’s vehicle, was receiving the victim D (11 years old) from the front door of the Plaintiff’s vehicle to the front door of the vehicle, and got the victim go to the front door of the vehicle, and let the bicycle go to the bottom along with the bicycle.