자동차운전면허취소처분취소
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 26, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class B common) (hereinafter “instant disposition”) on the ground that: (a) on April 20, 2017, the Plaintiff, while driving a car at the front side of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, caused a traffic accident where the victim E, walking on the right side of the road in the same direction, who violated the safety driving duty; and (b) caused the Plaintiff to escape without taking necessary measures, such as rescue and relief, on the ground that the Plaintiff, while driving a car at the front side of Seongbuk-gu, Seongbuk-gu, Seoul, brought about an injury requiring approximately two weeks medical treatment on the right side of the Plaintiff’s vehicle (hereinafter “instant traffic accident”); and (c) the Plaintiff’s driver’s license was revoked (hereinafter “instant disposition”).
B. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on November 7, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 9, and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case is unlawful as seen below, and thus, it should be revoked in its principal place and changed into a disposition suspending the Plaintiff’s driver’s license for not more than one year.
1) In light of the fact that there was a very slow speed of Plaintiff’s vehicle at the time of the instant traffic accident, the victim expressed his intention not to receive any particular compensation, and there was no details of the victim’s health insurance benefit after the instant traffic accident, etc., it cannot be said that there was a need to take relief measures immediately without delay as it is merely annoying that the victim’s injury cannot be assessed as “injury” under Article 257(1) of the Criminal Act. Therefore, the instant disposition taken on different premise is unlawful. (ii) The Plaintiff was planned to graduate from the university, and the Plaintiff was in need of a driver’s license in future employment and workplace life, and the Plaintiff’s escape.