beta
(영문) 서울행정법원 2019.07.10 2019구단8023

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 January 9, 2019, the Plaintiff operated a B cruise car at around 00:30, while driving two lanes in Gwanak-gu in Seoul Special Metropolitan City at a speed of about 30 km from the direction of the direction to Dschool, the Plaintiff was negligent in proceeding without accurately manipulating the steering direction and operating the steering system of the vehicle at the intersection where the signal apparatus is installed at the speed of about 46 km from the speed of the victim E (the age of 46) in the direction where the two-lanes in Seoul Special Metropolitan City was driven at a speed of about 30 km. The Plaintiff received the back part of the damaged vehicle that was parked in the same direction as the front one of the Plaintiff’s vehicle in accordance with the intersection stop signals.

The Plaintiff, by such negligence, stopped the victim with the injury of salt, tensions, etc., which requires treatment for about two weeks, and escaped without taking necessary measures, such as aiding the victim.

B. The Defendant is the Plaintiff.

On January 24, 2019, on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victims of a traffic accident as described in paragraph (1), the Plaintiff rendered a disposition to revoke the driver’s license (class 1 ordinary) (hereinafter “instant disposition”).

C. On March 28, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on April 16, 2019.

On the other hand, the Plaintiff.

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act were charged with regard to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the bodily injury caused by escape), which committed a violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes).

On May 10, 2019, the Seoul Central District Court imposed a fine of KRW 6 million on the above facts constituting the crime on the Plaintiff.