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(영문) 대구고등법원 2015.11.13 2015누4847

자동차운전면허취소처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On April 27, 2014, around 19:20 on April 27, 2014, the Plaintiff: (a) driven a Track B Twiter and G 30 tons Tracers connected thereto (hereinafter referred to as “instant accident vehicle”); and (b) caused the instant accident (hereinafter referred to as “the instant accident”) involving C driver’s DNA bomb, which was stopped due to the previous accident, where the 88-lanes remain in the city of Gyeongnam-gun at a speed of 76 km in the city of Daegu-si from Daegu-si to Gwangju-si (hereinafter referred to as “instant accident location”); and (c) caused the accident involving C driver’s car stoppingd by a halog halog (hereinafter referred to as “victim’s vehicle”).

B. C was missing from the damaged vehicle immediately before the instant accident, but the F, E was not out of the damaged vehicle, and immediately after the instant accident, fire occurred in the damaged vehicle.

C. On September 4, 2014, the Defendant issued a disposition to the Plaintiff to cancel the Plaintiff’s driver’s license (Class I driver’s license, Class I driver’s license, Class I driver’s license, and Class I driver’s license) as of October 8, 2014 pursuant to Article 93(2) of the former Road Traffic Act (amended by Act No. 12844, Nov. 19, 2014); Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff’s given priority points to the Plaintiff as of September 4, 2014, the Plaintiff’s driver’s license (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition on September 19, 2014, but the Central Administrative Appeals Commission rendered a ruling dismissing the request on December 23, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 5, 10, 13 evidence, Eul's 1 through 4 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 network.