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(영문) 수원지방법원 2020.07.03 2019구단6028

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 July 20, 2018, the Plaintiff: (a) driven a motor vehicle in the Manae B Manae B on July 20, 2018; (b) proceeded with a point of 15.2 km (15.2 km) down on the Manaon Highway located in the Sinnam-si, Sungnam-si; (c) concealed the vehicle in the same lane as the body of the vehicle onto the port of Seoul, and went away without taking measures, such as immediately stopping the vehicle and aiding the victim.

B. On October 2, 2018, the Defendant initially rendered a disposition to the effect that the Plaintiff did not take necessary measures to cause the injury to the Plaintiff due to a traffic accident (Article 93(1)4 of the Road Traffic Act) that “the Defendant driven a motor vehicle under the risk of being unable to drive the motor vehicle normally due to the influence of the drug” (Article 93(1)4 of the Road Traffic Act). However, on June 12, 2020, the Defendant revoked the above disposition on the third day for pleading of the instant case. On October 2, 2018, the Defendant issued a disposition to revoke the Plaintiff’s license of Class II and II small driver’s license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 9, Gap evidence 13-1, 2, Gap evidence 14, Eul evidence 1 to 29, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is as follows: (a) the traffic congestion of the instant vehicle was extremely serious and repeated in the process of repeating the clerks; and (b) the Plaintiff caused the instant accident without strokeing it; and (c) immediately after the instant accident, the Plaintiff strokeed from the vehicle to the victim, and divided the traffic patrol units and talks on the expressway sent to the site and divided the traffic patrol units and talks.