자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 15, 2014, the Defendant: (a) around 20:40 on September 18, 2014, the traffic accident involving the Plaintiff’s driver of the vehicle, following a collision with another vehicle that had been proceeding in the later bank by breaking the center line on the street front of the river in the vicinity of the end-of-life distance in the Chungcheong-gun, Chungcheong-gun, Chungcheongnam-Nam-nam, on the same day; and (b) caused injury to the driver of the vehicle (hereinafter “instant accident”).
) On the ground that the Plaintiff’s driver’s license (Class 1 large scale) was revoked (hereinafter “instant disposition”) on the ground that the Plaintiff did not perform any on-site relief measures or duty to report.
B. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on March 10, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, Eul evidence Nos. 1, 2, and 20, the purport of the whole pleadings
2. The Plaintiff’s assertion that the occurrence of the instant accident did not err by the Plaintiff, but by the other party driver who did not go against the central line and brought to the left-hand turn. At the time of the instant accident, it was confirmed that the other party driver did not have any different relationship, and thus, the Plaintiff was not aware of the injury suffered by the other party driver. The Plaintiff proposed to move to another place in consideration of traffic conditions, etc., and moved to the Defendant, and the other party driver did not go to the other place. Thus, the Defendant’s disposition based on the different premise was unlawful.
3. In full view of each of the statements in the evidence Nos. 2 through 7 (including a serial number) as to the legitimacy of the instant disposition, the Plaintiff was convicted in a criminal case where the facts of the escape vehicle due to the instant accident are criminal facts, and the facts that the judgment became final and conclusive can be recognized. The evidence submitted by the Plaintiff alone does not leave the site without performing on-site relief measures or reporting obligation after the instant accident.