자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 18, 2015, at around 23:35, the Plaintiff, while driving a Track B Man (total weight 24.95 tons) and a Tracler connected thereto, led to a traffic accident (hereinafter “instant accident”) involving C Driving’s left side of the said Tractor’s car, driving the urban highway in the long-term road of Daegu-gu, Seogu, into South Daegu-gu ICT along a three-lane course, leading to changing the course from the two-lane to the three-lane, leading to a three-lane-lane.
On August 18, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) as of August 31, 2015 on the ground that the Plaintiff caused the instant accident and did not take necessary measures, such as aiding and abetting C while injuring C with an injury to C, etc., or did not report it (hereinafter “instant disposition”).
On September 1, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 2, 2015.
With respect to the instant accident, the Plaintiff was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation by occupational negligence) and a violation of the Road Traffic Act (a violation of the Act) and was sentenced to a judgment of KRW 5 million (a fine of KRW 2016,00,000,000) on April 12, 2016. Accordingly, the Plaintiff appealed from the appellate court on September 1, 2016, and was subject to a judgment of dismissal of the appeal on September
[Ground of recognition] Evidence Nos. 6-3, 7, Eul evidence Nos. 1 and 19, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) did not recognize the occurrence of the instant accident, and there was no injury that C sustained due to the instant accident, and thus, the instant disposition was unlawful as it did not exist any grounds for disposition. 2) The Plaintiff was subject to criminal punishment due to a traffic accident.