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(영문) 대전지방법원 2015.08.21 2015구단382

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 28, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (B) as of December 21, 2014 (hereinafter “instant disposition”) on the ground that “the Plaintiff’s failure to drive safely on June 29, 2014 (10 points), failure to take measures (15 points), one injury (2 points), one drinking driving (10 points), October 28, 2013 (10 points), and a total of 127 points.”

[Ground of recognition] Facts without dispute, entry of Eul evidence 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 29, 2014, the Plaintiff asserted that the Plaintiff was found to have left the site without any measure after driving the car engine around 21:40 on the ground that, while driving the car engine and driving on the road of Daejeon Seo-gu Daejeon Metropolitan City, it exceeded the left-hand side by shocking the otoba parked on the left-hand side, the Plaintiff exceeded the driver D’s right hand hand, and exceeded 5 vehicles parked on the right-hand side.

The plaintiff was not aware of the shock twice, and D's wound was an indirect action that occurred in order to put a stoba in order to go beyond the direct address by the plaintiff's vehicle, not the direct address by the plaintiff's vehicle.

The plaintiff agreed with D and D only, and the operator of K5 vehicle agreed to provide insurance services to the operator of K5 vehicle.

The plaintiff is class 4 of brain disease, physical disability, and driver's license is essential to cultivate orchard.

In addition, the plaintiff is under the support of the elderly with a disability of grade 5.

The instant disposition is unlawful because it is excessively harsh to the Plaintiff.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Comprehensively taking account of the respective descriptions and arguments of evidence Nos. 14, 15, and 19 as well as the overall purport of the pleadings, D, which the Plaintiff, while driving a knife vehicle around 21:40 on June 29, 2014, did not accurately operate the steering system and brakes in Daejeon Tae-gu, Daejeon, Daejeon, with a view to 100 occa, which was parked, to put a 100 occae that was parked, to the right hand.