자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 28, 2013, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 and Class 1 ordinary driver’s license (C) as of December 22, 2013 (hereinafter “instant disposition”) pursuant to Article 93(1)6 of the Road Traffic Act, on the ground that “Around October 15, 2013, the Defendant would cause two traffic accidents while driving B vehicles on the street in front of the Dori-si, Seog-si, Dori-si, Seosan, Seosan-si, and failed to comply with on-site relief measures or duty to report.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was not known as to whether a vehicle involved in an accident was subscribed to an insurance company at the time of the occurrence of a traffic accident, with a total of five vehicles owned by another insurance company.
On the other hand, the plaintiff was not a Bosch Rexroth vehicle in mind to deal with the accident, requested the articles of Bosch Rexroth car to check the site and explain that the contact information of the plaintiff is attached to the vehicle before the accident site.
On October 15, 2013, the Plaintiff reported an accident by making phone calls to an insurance company to which the accident vehicle was insured on October 15, 2013, and asked the employees of the insurance company to verify whether to accept the accident report.
After several hours, an insurance company's employees contacted the Plaintiff as a captain of a vessel, and the Plaintiff was found as a traffic system of the Seogsan Police Station around 16:00 on October 15, 2013, and the Plaintiff was the party involved in the accident.
Article 91 (1) and attached Table 28 of the Enforcement Rule of the Road Traffic Act
3.2
(2) Since the “when voluntary declarations have been filed within 48 hours after the time under item (a)” as set forth in the above, it is only subject to the imposition of penalty points of 60 points, not subject to the revocation of driver’s license
In addition, since the plaintiff acquired a driver's license in 1993, there is no fact that the plaintiff has been punished by causing a traffic accident.