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 August 18, 2018, at around 07:35, the Plaintiff: (a) driven a DNA freight vehicle on the one-lane road in front of the Busan Jin-gu, Busan; (b) obstructed the central line; and (c) received the front part of the Fsch Rexroth vehicle driven by E in front of the left-hand part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident.” The Plaintiff did not take measures such as aiding the victim at the site or providing the victim’s personal information, etc., even if the Plaintiff suffered from the instant accident, satisfyed satfy, left-hand satfy, and salt to E, which require approximately two weeks of medical treatment. The Plaintiff did not immediately report the instant accident, even if it did not take such measures as aiding the victim at the site or providing the victim’s personal information.
B. On October 12, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)6 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter the same) on the ground of the Plaintiff’s nonperformance of on-site relief measures or duty to report after the instant accident occurred (hereinafter “instant disposition”).
C. On November 1, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on December 4, 2018.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, 7, 8, Eul's 1, 3, 4, 5 through 7 (including a number; hereinafter the same shall apply)'s entries or images, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff did not fully recognize the occurrence of the instant accident due to stroke driving. Therefore, it cannot be deemed that the Plaintiff violated the measures to rescue the site and duty to report. 2) The Plaintiff was in an emergency call at around 13:27 on the date of the instant accident, and at around 14:00, the Busan Jin Police Station reported the instant accident.