자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 12, 2018, the Defendant rendered a revocation of a driver’s license (hereinafter “disposition of this case”) to the Plaintiff on the ground that “The Plaintiff, around July 2018, 2018, driven a car under the influence of alcohol of 0.121% at the front of the Kimhae-si, while driving the C car under the influence of alcohol of 0.121% at the front of the blood alcohol level, d car parked in the front bank, and due to the shock of the damaged vehicle, e car in the front bank, thereby causing injury to 3 victims in need of two weeks medical treatment, and at the same time, left the site without taking necessary measures, such as aiding the victims.”
B. On September 19, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on October 30, 2018, the Plaintiff rendered a final judgment dismissing the Plaintiff’s request.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 4 through 9, 11 through 14, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the fact that the Plaintiff’s assertion is essential for the Plaintiff’s vocational driver’s license, that the Plaintiff’s body was exposed to the vehicle on the part of its head at the time of the accident, and that it is against the nature of the vehicle, the instant disposition constitutes abuse of discretionary authority.
B. The following circumstances acknowledged by the overall purport of each evidence and oral argument, i.e., (i) the occurrence of a traffic accident frequently and the result thereof are significant as a motor vehicle is mass means of transportation today, so it is highly necessary for the public interest to confirm whether the driver who caused an accident did not have caused the accident first, and if there is any difference between people, the necessity of public interest to implement appropriate relief measures accordingly. Thus, a traffic accident causing the occurrence of a traffic accident and leaving the scene without taking necessary relief measures.