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(영문) 수원고등법원 2019.11.27 2019누11930

자동차운전면허취소처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the following dismissal or addition, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

Part II “(0.154%)” shall be added following the second page “(0.154%) and then on November 7, 2002.”

The third side of the 9th page "," and the plaintiff paid most of the funds that the plaintiff had been married on April 16, 2019 to his spouse as consolation money."

Part 3. The following shall be added to the 20th:

Whether it was necessary to take measures, such as aiding and abetting a victim in the course of an accident, shall be determined by comprehensively taking into account the details and details of the accident, the age and degree of the victim’s injury, the circumstances after the accident, etc. However, for recognizing that there was no need to take measures, such as aiding and abetting the victim in light of the fact that Article 54(1) of the Road Traffic Act grants emergency relief responsibility to a person who caused the accident, etc., the victim must actively express the need to take relief measures on the part of the victim, or that there was no need to take other emergency measures, objective and clear at the time immediately after the accident. On the other hand, it cannot be readily concluded that there was no need to do so solely on the ground that there was no big inconvenience in the operation of the victim immediately after the accident, and that there was no need to take such measures after the accident (see, e.g., Supreme Court Decision 2014Do214, Mar. 13, 2014).

2. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed.