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(영문) 춘천지방법원 2016.11.11 2015구합5441

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 April 18, 2016, the Plaintiff: (a) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination Vehicle) (Act No. 2016 high-level 629 (Domination Vehicle); (b) on November 11, 2015, the Defendant was under the direct progress of the intersection in front of the C cafeteria in Gangnam-si B from the D middle school to the E apartment gate. At that time, there was a place where vehicle traffic was frequent at the intersection without signal apparatus at the time of the accident; (c) as a driver at night at the time of the accident, the Plaintiff was under the duty of care to check the vehicles going slowly before entering the intersection and going through the front gate; (d) on the part of the victim G (53 years old and female driving) who was under direct progress at the right side of the intersection, and (e) the Defendant was under the duty of care to check the victim’s injury to the Defendant’s vehicle without a fine not exceeding 20 days.

B. On December 11, 2015, the Defendant rendered a disposition revoking the first-class ordinary driver’s license (I) by applying Article 93(1)6 of the Road Traffic Act to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on February 23, 2016.

On the other hand, in the above criminal case, the first instance court sentenced the plaintiff on September 1, 2016 to the defendant's conviction, and the plaintiff's appeal is currently pending in the appellate court (Skcheon District Court 2016No416).