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(영문) 대전지방법원 2020.11.12 2020구단101975

자동차운전면허취소처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On March 10, 2020, the defendant brought the plaintiff to the court below.

In accordance with Article 93(1)6 of the Road Traffic Act, the Plaintiff’s driver’s license (class 1 common) was revoked (hereinafter “instant disposition”) on the ground that the Plaintiff caused a traffic accident (class 2) as stated in the facts constituting the crime and did not perform on-site relief measures or duty to report.

B. On August 10, 2020, the Plaintiff was sentenced to imprisonment for one year (two years of suspended sentence) due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes) (Crime Aggravated Punishment, etc. of Specific Crimes) by the Daejeon District Court Branch of Daejeon District Court (Crime Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes).

Criminal facts of the above final judgment are as follows:

The defendant (the plaintiff of this case, hereinafter the same) is a person engaged in the driving of the BP car.

On January 4, 2020, the Defendant driven the said car on January 21:32, 2020, and proceeded ahead of the calendar distance, which is located in the new Dong-dong, Chungcheongnam-gu, Seoul Special Metropolitan City, with the two-lanes facing the two-lanes, and sent to the right and right and right and right and right-hand turn.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle and shall not drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to remove the launch from the Brackk and sent the Defendant’s vehicle to the front section of the Defendant’s vehicle due to occupational negligence, and received the part of the victim C(31 years old) driving which was waiting to the front section of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, such as salt, tension, etc. of a shoulder pipe that requires approximately two weeks of treatment.