자동차운전면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is the same as that of the judgment of the court of first instance, except for the case that is to be determined additionally as set forth in paragraph (2). Thus, the reasoning of the court’s explanation is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
[Plaintiff’s assertion that this Court also took all relief measures against the victim at the time of the instant accident. However, on July 18, 2017, the Defendant was sentenced to imprisonment for one year with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu District Court Decision 2017Da12), and on February 7, 2018, sentenced a two-year suspended sentence to imprisonment with prison labor for the same crime (which was sentenced to a two-year suspended sentence (original High Court 2017No194), and the Plaintiff’s appeal was dismissed and finalized (Supreme Court 2018Do3253), and the Plaintiff’s allegation was without justifiable grounds).
A. Even if the Plaintiff’s assertion was recognized after the accident, the Plaintiff voluntarily reported the accident to the police around 14:33 on the date of the instant accident, and thus constitutes the grounds for suspension of driver’s license, not the revocation of driver’s license.
B. Determination 1) According to Articles 54 and 93 of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) and Article 91 [Attachment Table 28] of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 87, Nov. 29, 2016), the driver’s license shall be revoked if a traffic accident is caused and no relief measure is taken, and the driver’s license shall be revoked if a voluntary report is filed within three hours or 48 hours after the occurrence of the traffic accident, and if a voluntary report is filed within three hours or 48 hours after the occurrence of the traffic accident, the driver’s license shall be revoked.