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(영문) 울산지방법원 2017.04.27 2016구합6676

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 May 25, 2010, the Plaintiff acquired Class 2 ordinary car driving license (B).

B. On June 4, 2016, the Plaintiff driven a car at 20:00 benz S50 (hereinafter “instant vehicle”) and received the back portion of the passenger vehicle’s front part of the passenger vehicle driven by the victim E (V, 55 years old) who was parked to the front side of the D Hospital located in Ulsan-gun, Ulsan-gun, a Metropolitan City, along three-lanes from the front side of the steering distance, while driving the car along the three-lanes from the front side of the steering distance.

(hereinafter “instant accident”). C.

Due to the instant accident, the Plaintiff suffered injury to the victim E and the victim F (n, 61 years of age) who was on board a passenger car, such as catum salt, etc. requiring treatment for each of about three weeks, the Plaintiff sustained injury to the victim G (n, 61 years of age), and the victim H (n, 59 years of age) for catum salt, etc. requiring treatment for each of about two weeks, and at the same time damaged the said cat car.

However, the Plaintiff left the site without confirming the state of injury of the victims or sending victims to the hospital after getting his/her name to the victim E and only mobile phone numbers.

On August 23, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)6 of the Road Traffic Act on the grounds that the Plaintiff caused the instant accident and did not perform relief measures or duty to report even though he did not fulfill his duty to report.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's obligation to take relief measures under Article 54 (1) of the Road Traffic Act is recognized only when there is a need for relief in light of all the circumstances. In this case, the duty of relief measures is acknowledged.