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 October 29, 2015, the Plaintiff was driving a rocketing car at around 22:45 B, and driving a road without the center line in Busan East-gu C from the side of the Seowon market to the Master Library, the Plaintiff caused a traffic accident (around 1, 2000, hereinafter “instant accident”) involving the victim E’s right-hand elbbow part of the said car, which was walking ahead on the left-hand side of its proceeding direction.
B. On December 16, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class II common) on the ground that the Plaintiff caused the instant accident and did not perform the on-site relief measures and duty to report (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal on February 18, 2016 regarding the instant disposition, but was dismissed on March 23, 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) did not recognize the fact of the instant accident at the time of the instant accident, and the injury suffered by the victim can be naturally cured even if they did not receive medical treatment. As such, it cannot be deemed that the Plaintiff at the time of the instant accident was subject to on-site relief measures and duty to report. The instant disposition based on a different premise is unlawful. 2) The Plaintiff’s current position at the time of the instant accident is deemed unlawful, taking into account the following: (a) the Plaintiff’s former position in the imposition of a university hospital; (b) the Plaintiff was in need of a driver’s license; (c) the Plaintiff acquired a driver’s license; (d) the Plaintiff did not cause a traffic accident until the instant accident occurred at the time of the instant accident; or (d)
B. Whether the ground for action 1 exists or not, the instant case is subject to Article 93(1)6 of the Road Traffic Act.