자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 18, 2015, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (YC) as of June 16, 2015 (hereinafter “instant disposition”) on the ground that “Around 02:48 on March 24, 2015, the Defendant: (a) driven a B-class lurd vehicle at the point of 43.8 km on the south-dong Highway-dong Highway-dong Highway; (b) caused a traffic accident involving the human lurb (two persons above) and failed to comply with the on-site relief measures and duty to report.”
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant disposition is unlawful on the grounds delineated below the Plaintiff’s assertion.
1) On March 24, 2015, around 05:48, the Plaintiff reported that “A police officer who belongs to the expressway patrol team (041-36-1832, 1833) called “a person who caused a traffic accident while driving on the expressway, who is expected to receive a medical treatment to a branch university hospital located in Daejeon due to a lack of respiratory difficulty, would be changed to an emergency room of the hospital.” Since long time has not yet passed, a police officer who belongs to the expressway patrol team went back to the branch university hospital after drinking or investigating the Plaintiff.
The plaintiff filed a voluntary report within 3 hours, and the defendant is in accordance with Article 91 (1) and attached Table 28 of the Enforcement Rule of the Road Traffic Act.
3.2
(2) It can only impose 30 points with penalty points.
2) In full view of the following: (a) the Plaintiff voluntarily informed the police of the location of telephone calls to the police; (b) the police conducted an investigation at all times; (c) the Plaintiff’s driver’s license for employees of pharmaceutical companies is essential; (d) the Plaintiff supports her wife consciousness; and (e) the Plaintiff has no record of driving driving or traffic accident-related records, the instant disposition was excessively harsh to the Plaintiff, thereby abusing its discretionary power. (b) The instant disposition is as shown in the attached Table of the relevant Act and subordinate statutes. (c) Determination 1) The Enforcement Rule of the Road Traffic Act Article
3.2
(2) “Voluntary Reporting” as set forth in the Criminal Code is a self-denunciation.