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(영문) 대구지방법원 2016.01.29 2015구단1422

자동차운전면허취소처분취소

Text

1. The revocation of the driver's license granted to the Plaintiff on July 14, 2015 by the Defendant is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 28, 2015, while operating a private taxi B (hereinafter “Plaintiff”), the Plaintiff was given a mark of 15 points for traffic accidents involving personal injury due to breach of duty of safe driving.

B. On June 21, 2015, at around 18:45, the Plaintiff was driving the Plaintiff’s vehicle and sustained an injury that would result in the Plaintiff’s driver D’s death and the Plaintiff’s injury in need of approximately six week-based treatment (hereinafter “the instant accident”). While the Plaintiff was driving at the speed of 129 km/h and above 49 km at the speed of 129 km/h, the Plaintiff was driving the front of the national highway at the speed of 129 km/h and the front side of the instant vehicle, which entered the left side from the right side of the course (hereinafter “victim’s vehicle”).

C. In the instant accident, the Plaintiff was given a total of 135 points (15 points per 90 square meters (40km/h to 60km/h) and one 15 points per 90 points per 15 points per 15 points per 15 points, and the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license (class 1 common and class 2 common) of the Plaintiff as of August 11, 2015 pursuant to Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act on July 14, 2015, on the ground that the total sum of 121 points per year with respect to the Plaintiff exceeds 121 points.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on September 1, 2015.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 7, the whole purport of pleading [applicable to recognition], the whole purport of pleading, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. Although the point where the Plaintiff’s assertion 1 did not make a left turn, the point where the instant accident occurred would be right from the side to the point where the damaged vehicle would turn left.