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 January 27, 2014, around 15:00, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)6 of the Road Traffic Act on June 13, 2014 on the ground that the Plaintiff, while driving a C vehicle on the front side of Guro-gu Seoul Metropolitan Government, caused the collision of D on the crosswalk and did not take necessary measures, such as aiding D.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 1, 2014.
C. Meanwhile, on the ground that the Plaintiff, as seen above, escaped without any rescue measures despite having caused a traffic accident, was charged with summary charges for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) and ordered a summary order of KRW 5 million to be sentenced to a fine of KRW 200,000 by Seoul Southern District Court Decision 2014Da8297, Seoul Southern District Court. Accordingly, the Plaintiff filed for formal trial with the Seoul Southern District Court Decision 2014Ma2267, but was sentenced to a fine of KRW 5 million by the said court. Accordingly, the Plaintiff appealed and appealed, but all of the appeals were dismissed.
[Ground of recognition] Facts without dispute, Gap 1, 2, 13 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion ① The plaintiff was stopped in a stop line at the time and contacted D on the right side of the vehicle, but there was no need to take relief measures as D did not suffer any injury under the Criminal Act.
② In light of the following: (a) traffic accident circumstance and its contents are minor; (b) D’s superior status is naturally cured without any special treatment; (c) D stated that D does not want the Plaintiff’s punishment; (d) prosecution prosecution cases are minor and summary indictment; and (c) the Plaintiff’s personal service and support for his family members are the most difficult to maintain their livelihood due to the revocation of the driver’s license.