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(영문) 서울행정법원 2020.01.22 2019구단73874

운전면허취소처분 취소청구의 소

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 March 5, 2019, at around 15:15:15, the Plaintiff driven a B Costaex and driven the front side road of Yeongdeungpo-gu Seoul Metropolitan Government toward the digital speed from the Do road to the digital direction.

At this point, since it is a private-distance intersection where no signal, etc. is installed, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the front door and the right and the right and the right and the right and the right of the person engaged in the driving of the motor vehicle, and accurately

Nevertheless, the Plaintiff neglected this and instead received the victim D (the 74 years old) (the 74 years old) who was moving on the left from the right-hand side of the mastal course to the left-hand side due to the occupational negligence that led to the left-hand turn.

hereinafter referred to as "the traffic accident of this case"

(2) As a result, the Plaintiff, by occupational negligence, escaped without taking necessary measures, such as aiding and abetting the victim, even though the Plaintiff suffered injury, such as salt ties and tensions in need of treatment for about two weeks. B. The Defendant, on May 1, 2019, was the Plaintiff’s driver’s license (class 1, class 1, class 1, and class 2, below the instant disposition) on the ground that the Plaintiff did not take necessary measures, such as aiding and aiding the victim after the Plaintiff injured the victim due to the instant traffic accident.

AB made it.

C. On July 30, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 10, 2019.

On the other hand, the Plaintiff.

As stated in paragraph (1), the victim did not take necessary measures such as aiding and abetting the victim due to occupational negligence but runs away as it is, thereby violating Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Code.