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(영문) 서울행정법원 2017.11.03 2017구단29828

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 18, 2017, at around 04:00, the Plaintiff caused a traffic accident which, by negligence, led the victim E to the front part of the FNNS car driven in the same direction as that of the safety driving obligation while driving a DN sport car on the front side of the CNS car located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant accident”).

The Plaintiff got victims E and G, who were on board the said No.N. car due to the said accident, to suffer injury in need of medical treatment for about three weeks, and approximately one day of medical treatment. However, the Plaintiff failed to immediately stop and take necessary measures, such as providing relief to the victims.

B. On March 27, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 common) on the ground that the Plaintiff caused the instant accident to cause the victims to be injured, and did not take necessary measures, such as aiding and abetting the victims, etc. (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on August 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff did not recognize the occurrence of the accident of this case at the time, and therefore did not have the intention of escape.

B) In light of the fact that the Plaintiff was unable to recognize the occurrence of the instant accident, the Plaintiff’s abuse of discretionary power, and the fact that the car driver’s license is essential to maintain its livelihood and work, etc., the instant disposition is deemed to be an abuse of discretionary power.

B. 1) Determination is based on the non-existence of grounds for disposition.