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(영문) 서울행정법원 2020.04.22 2020구단53388

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 6, 2019, the Plaintiff driving a BB franchise vehicle on June 6, 2019, and driving it along the two-lanes of the second line road in front of Mapo-gu Seoul, Mapo-gu, Seoul, and rapidly changed the course into one-lane. The damaged vehicle driven on the two-lanes due to the left-hand side, but the damaged vehicle avoided it into the upper-hand side of the Plaintiff vehicle, but the upper-hand side of the damaged vehicle led

(hereinafter “instant traffic accident.” While the Plaintiff suffered from an injury to the driver of the victimized vehicle for about two weeks due to the instant traffic accident, the Plaintiff immediately stopped the vehicle and failed to take necessary measures, such as providing relief to the victim.

On July 19, 2019, the Defendant rendered a disposition to revoke the driver’s license (class 1 ordinary) to the Plaintiff on July 19, 2019 on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victim after the Plaintiff injured the person due to the instant traffic accident (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition on October 16, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 22, 2019.

On the other hand, the Seoul Western District Court on November 28, 2019 (hereinafter referred to as the "Seoul Western District Court").

As stated in paragraph (1), a summary order was issued on the facts constituting the crime that the victim suffered an injury on duty (2019 High Court Decision 6369), which became final and conclusive because the plaintiff did not request a formal trial.

(hereinafter referred to as “relevant criminal case”). (hereinafter referred to as “relevant criminal case”) The instant traffic accident occurred because the Plaintiff did not know that there was an accident at the time of the occurrence of the accident, and the Plaintiff did not know that there was an accident. The Plaintiff did not recognize that there was an accident at the time of the occurrence of the accident.

Moreover, the plaintiff becomes aware of the fact of the accident after having arrived at the house.